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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 13, 2011, the Plaintiff filed an application for provisional attachment with the Ulsan District Court 201Kadan4923 as to the claim for the construction price of KRW 78,035,969, which had been held by Samsan Construction Co., Ltd. (hereinafter referred to as “Yang Construction”), and filed a provisional attachment order with the said court (hereinafter referred to as “the provisional attachment order of this case”), and the decision was served on the Defendant on December 15, 2011.
B. The Plaintiff filed an application with the Ulsan District Court for a seizure and collection order to transfer provisional seizure of KRW 80,208,165 (i.e., KRW 78,035,969 interest on KRW 1,795,896 for the execution of provisional seizure of KRW 376,30) based on the claim for the payment of goods. On May 30, 2014, provisional seizure of KRW 78,035,969 among the claim for the construction payment of this case was transferred to the original seizure, and the remainder of KRW 2,172,196 was transferred to the original seizure and the collection order (hereinafter “instant seizure and collection order”). The seizure and collection order was served on the Defendant on June 11, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 16, 17, the purport of the whole pleadings
2. The Plaintiff asserts that, based on the collection order of this case, the Plaintiff primarily sought payment of KRW 80,208,165 among the claim for construction price of this case and damages for delay against KRW 78,035,969 among the claim for construction price of this case. The Defendant asserted that, prior to the receipt of the provisional seizure order of this case, the claim for construction price of this case was fully repaid and there was no seized claim, and thus, the Plaintiff cannot comply with the Plaintiff’s primary claim.
The whole statements and arguments of No. 1, No. 2-1, No. 2-2, Eul No. 5-11 (including paper numbers), Eul No. 14.