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1. Revocation of the judgment of the first instance, and the lawsuit of this case shall be dismissed;
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff’s claim, provisional attachment, seizure, and collection order (1) was issued an order to pay 6% per annum from March 2, 2012 to June 12, 2012, the Plaintiff leased pumps, which are construction machinery equipment, to Samna, Inc. (hereinafter “Tenna”), but the Plaintiff failed to receive the payment, and upon receiving the payment, applied for the payment order to pay the equipment rental amount of KRW 108,339,000 from the date of delivery of the original decision of this case to the date of complete payment, and KRW 20% per annum from the next day to the date of delivery of the original decision of this case. This order became final and conclusive on July 18, 2012.
(2) On July 5, 2012, the Plaintiff was issued a provisional attachment order ordering the Defendant to provisionally seize the claim for construction price against the Defendant of Samchina with the amount of the Defendant, claim KRW 75,839,000, which, under the High Government District Court Decision 2012Kadan50428, the Defendant was sent to the Defendant on July 9, 2012.
(3) Furthermore, on July 23, 2012, the Plaintiff was issued a seizure and collection order to transfer the above provisional seizure to the provisional seizure by 2012 other debt 92555, and to collect KRW 75,839,000. The order was served on July 25, 2012 on the Defendant.
(2) The Plaintiff’s claim for the construction cost, which the Plaintiff had the authority to collect in accordance with the above collection order, was made (hereinafter “the instant collection claim”).
On March 6, 2012, 372,00,000 won in construction cost and 13,317,000,000 won in construction cost and the construction period period from March 13, 2012 to March 31, 2014, the construction was executed until the termination of the subcontract agreement on August 6, 2012.
C. Rehabilitation proceedings and Plaintiff’s request for continuation of proceedings against Gyeongnam Company (1).