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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The Appointed B (hereinafter “Appointed”) was the Jeonju District Court 2016Kadan3021 (hereinafter “Selection”) and filed an application for provisional attachment against the Defendant of Aul Construction with respect to the claim for service payment amounting to KRW 40,860,000 against Aul Construction, Inc. (hereinafter “Aul Construction”), and the said decision reached the Defendant on December 21, 2016.
B. On June 14, 2017, the Plaintiff and the designated party filed a lawsuit against Ariri Construction with the Jeonju District Court 2017Kadan4050, the Plaintiff and the designated party filed a lawsuit against the Plaintiff for the claim for service cost, and subsequently, the judgment was rendered by the above court that “the Defendant shall pay to the Plaintiff (appointed party) and the appointed party B 20,430,000 won each year from November 25, 2016 to March 9, 2017, 5% per annum, and 15% per annum each year from the next day to the day of full payment (hereinafter “instant judgment”). The judgment became final and conclusive around that time.
C. According to the instant judgment, the Plaintiff is deemed to have seized and collected the instant claim No. 1 and collection order as to the claim indicated in the attached list No. 2, which was issued by the Jeonju District Court 2017TTT No. 5493, Jul. 24, 2017, against the Defendant of Lulg Construction.
Upon receipt of B, the above decision reached the Defendant on July 26, 2017, and the designated parties reached the Defendant on July 26, 2017, and on July 26, 2017, “The attachment and collection order for the transfer of provisional seizure to the provisional seizure of the claim indicated in the attached list No. 3 against the Defendant of the ASEAN Construction by the Jeonju District Court 2017TTTT 5492,” “the attachment and collection order for the claim No.
(D) On July 27, 2017, the above decision reached the Defendant on July 27, 2017. D. June 24, 2017, the amount of the deposit claim against the Defendant of Aulul Construction was KRW 40,939,219. [The facts that there is no dispute over the grounds for recognition, Gap 1, 2, and Eul 3-1, 2, and Eul 2, respectively, and all pleadings are recorded.