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The part against the defendant in the judgment of the first instance shall be revoked.
The plaintiff's claim against the above cancellation shall be dismissed.
Reasons
1. Facts of recognition;
A. On November 30, 2016, the Defendant entered into a contract for the manufacture of the main body (hereinafter “the primary production contract”) with C Co., Ltd. (hereinafter “C”), ① the order amount of KRW 165,000,000,000, and ② the contract for the manufacture of the main body (hereinafter “the primary production contract”), ② the order amount of KRW 170,000,000,000 on November 30, 2016; ③ the contract for the manufacture of the main body (hereinafter “the secondary production contract”) with C Co., Ltd. (hereinafter “the order amount of KRW 160,00,000,000,000, respectively.
B. From December 13, 2016 to June 30, 2017, the Defendant paid C3 ABLE production contract amounting to C, from December 13, 2016 to May 23, 2017.
C. On the other hand, on June 23, 2017 and June 27, 2017, the Plaintiff performed an Esch Rexroth processing of KRW 19,250,000 (including value-added tax) with a total of KRW 19,250,000 (including value-added tax), but did not receive a total of KRW 5,00,000 from C and did not receive the remainder of KRW 14,250,00.
Accordingly, on August 22, 2017, the Plaintiff: (a) received a decision to provisionally attach “C to process Esch Rexroth parts at the Defendant’s workplace and deliver the amount until the claim is paid out of the amount that C receives from the Defendant (the Changwon District Court Decision 2017Kadan133 (hereinafter “instant provisional attachment order”); (b) on June 12, 2018, attached KRW 876,860, out of the principal attachment of the instant provisional attachment and the above claims against C’s Defendant; and (c) received an order to collect the above claims (the claimed amount KRW 15,123,860) (the original District Court Decision 2018Ma2045, 2045, hereinafter “instant claims and the collection order”).
On August 25, 2017, the provisional seizure order of the instant claim was delivered to the Defendant on June 18, 2018, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 5, 7, 8, 9 (including paper numbers) and all pleadings.