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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims in the trial shall be made.
Reasons
1. Basic facts
A. On February 8, 2011, the Seoul Special Metropolitan City Office of Education set the construction period of civil engineering works among Busan High School Teachers and New Dormitory Construction Works ordered by the Defendant (hereinafter “instant construction works”) from February 8, 201 to February 10, 2012 (hereinafter “instant construction works”) as the construction period from February 8, 201 to February 10, 201, respectively, and started the instant construction works around that time, and was suspended around November 25, 201.
B. On December 14, 2011, the Plaintiff filed an application with the non-party company for a payment order for oil expenses with the Busan District Court 201Da23495, Dec. 15, 201, the said court issued a payment order to the effect that “the non-party company shall pay to the Plaintiff 7,125,145 won and the amount calculated at the rate of 20% per annum from December 28, 2011 to the date of complete payment” (hereinafter “instant payment order”). The instant payment order was finalized around that time.
C. Meanwhile, as Busan District Court Decision 201Kadan12918, the Plaintiff filed an application for provisional attachment of the claim against the non-party company, the third debtor, the amount of the claim KRW 70,680,445, and the non-party company filed an application for provisional attachment of the claim for the construction payment due to the instant construction work against the defendant (hereinafter “the instant construction payment claim”), and received a decision to accept it on December 30, 201 (hereinafter “the instant provisional attachment decision”), and the instant provisional attachment decision was served on the Defendant on January 3, 2012.
Afterward, based on the instant payment order, the Plaintiff transferred KRW 70,680,445, which was provisionally seized by Busan District Court 2012TTTT 3144, to the original seizure, and additionally seized KRW 8,618,75, out of the instant construction payment claim, and simultaneously filed an application for the seizure and assignment order of claims with the purport that the total amount of the bonds seized KRW 79,29,220, and the Plaintiff was entirely transferred KRW 79,29,220 (hereinafter “instant assignment order”) and received a ruling citing it on February 13, 2012 (hereinafter “instant assignment order”).