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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Defendant carried out a new E-construction project located in Namdong-gu Incheon Metropolitan City (hereinafter “instant construction project”), and the Plaintiff provided food, etc. to the people of the instant construction site from July 2016 to November 2016 while operating a cafeteria in the vicinity of the instant construction site.
B. The above food costs provided by the Plaintiff were KRW 9,603,00 for August 2016 (including value-added tax; hereinafter the same shall apply), KRW 8,12,50 for September, and KRW 6,957,50 for October, and KRW 3,443,00 for November, and KRW 8,112,50 for the Plaintiff on October 14, 2016, and KRW 8,112,50 for the Defendant deposited KRW 3,443,00 for the Plaintiff on December 30, 2016.
C. Meanwhile, the Plaintiff, as the obligor, and the Defendant as the third obligor, was subject to a decision of provisional seizure of claims regarding KRW 6,64,650 among the claim for construction price against the Defendant of G (Seoul District Court 2017Kadan102158), and the said decision was served on the Defendant on June 21, 2017.
The Plaintiff filed a lawsuit against G (In Incheon District Court 2017 Ghana45994), and the judgment ordering the payment of “6,64,650 won and damages for delay of 15% per annum from June 27, 2017 to the date of full payment” was finalized on September 29, 2017.
E. The Plaintiff filed an application for the seizure and collection order (In Incheon District Court 2017TTTTT 516642) with the debtor G and the third debtor as the defendant of the provisional seizure. On October 10, 2017, the provisional seizure for KRW 6,64,650 among the claims under the provisional seizure order of claims between the creditor and the debtor pursuant to the Incheon District Court 2017Kadan102158 and the provisional seizure order of claims between the creditor and the debtor, and the remaining KRW 249,239 shall be seized.
Any obligee may collect the claims under the above seizure.
The decision was delivered to the defendant on October 16, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-8 (including virtual number), the purport of the whole pleadings
2. Determination on the claim for food expenses
A. Summary of the Parties’ assertion 1.