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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff has a loan claim against Taesung Construction Co., Ltd. (hereinafter “ Taesung Construction”). For the purpose of preserving the execution of the above claim, Busan District Court 2013Kadan20453 (the claim amounting to 180,000,000,000 won, debtor Taesung Construction, and third debtor, the Plaintiff filed an application for provisional attachment of the claim against “the amount of money until it reaches the claim amount out of the construction price claim to be paid from the Defendant for the construction work site (hereinafter “instant construction”), and the said court rendered a provisional attachment of the claim on September 12, 2013 and served on the Defendant, the debtor, who is the debtor, on September 17, 2013.
In addition, the plaintiff filed a lawsuit against Taesung Building with Busan District Court 2013Gahap16438, and was sentenced to May 14, 2014 to order the payment of interest and delay damages. The decision became final and conclusive on May 31, 2014.
B. On June 3, 2014, based on the executory exemplification of the judgment of the above loan case (Dasan District Court 2013Gahap16438), the Plaintiff: (a) obtained a provisional attachment of the above case from the Busan District Court 2014TTTTT13960, and served the Defendant with a collection order on June 3, 2014 (i.e., the principal amount of KRW 184,229,764, interest of KRW 69,719,966) (i.e., the principal amount of KRW 180,000,000, out of the construction cost claims against the Defendant against Taesung Construction, the provisional attachment of the above case No. 2013Kadan204533, Busan District Court 203,949,730 won (= 253,949,730 - 180,000,000).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff alleged that the defendant has a debt for the construction price against Taesung Construction, shall collect the debt for the construction price from the plaintiff who has the right to collect the debt for the above construction price.