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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) C (the de facto spouse of the Plaintiff) and the Defendant are “instant construction work” in the Defendant’s name (hereinafter “instant construction work”).
[1] Doo Construction Co., Ltd. (hereinafter “Doo Construction”)
(2) On September 6, 2013, the instant construction was subcontracted to the Defendant’s name in the amount of KRW 121,00,000 (including value-added tax). The Defendant agreed to pay C the remainder, excluding the Defendant’s share of expenses, such as value-added tax and corporate tax, from the settlement amount calculated by deducting the Defendant’s share of expenses.
3) On January 28, 2014, C and Doo Construction changed the subcontract price of the construction works of Bridge into KRW 150,000,000 (including value-added tax) and C completed the instant construction works around June 2014. (b) The Defendant’s Doo Construction and B B D D D D D & D Construction paid KRW 90,000,000 as the instant construction payment to the Defendant from November 18, 2013 to April 16, 2014.
2) The Doo Construction did not pay the Defendant the remainder of KRW 60,000,000 among the construction price of the instant case, and the Defendant is the Gwangju District Court 2014Kadan6007, which is the Doo Construction and B church (hereinafter “B church”).
(3) On December 16, 2015, the Gwangju District Court rendered a judgment that “Geo Construction & B shall jointly and severally pay 26,69,016 won to the Defendant (i.e., balance of 60,000,000 won - 13,800,000 won for liquidated damages - damages in lieu of defect repairs 18,535,984 won) and its therefrom, and 6% per annum from July 17, 2014 to December 16, 2015; and 15% per annum from the following day to the date of full payment.” The said judgment became final and conclusive as it is.
(hereinafter referred to as “instant claim”) a claim under the foregoing judgment shall be deemed to be a claim for the instant amount of judgment.
The defendant's creditor is the seizure and collection of the third party mutual assistance industry.