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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be recognized by comprehensively taking account of the respective descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings:
On April 19, 2010, based on the payment order issued by this Court No. 2010 tea2833, March 19, 2010, the Plaintiff received the attachment and assignment order of the claim for KRW 431,073,30, out of the construction cost claim against the Defendant of this Construction Co., Ltd., by order No. 2010, Apr. 19, 2010.
B. On April 22, 2010, the above assignment order was served on the Defendant, a garnishee, and became final and conclusive around that time.
2. The Plaintiff asserted the existence of the claim for construction price against the Defendant, which is the entire claim under the above assignment order, and sought the full payment to the Defendant. However, there is no evidence to prove the existence of the claim for construction price under the above assignment order.
3. In conclusion, the plaintiff's above claim is dismissed as it is without merit. It is so decided as per Disposition.