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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. On September 20, 2016, the Plaintiff filed a lawsuit claiming the purchase price of goods with the Busan District Court Decision 2016Da42400, the Plaintiff rendered a final and conclusive judgment that “The construction of the Helil General shall pay to the Plaintiff the amount of KRW 20,540,300 with interest of KRW 15% per annum from July 8, 2016 to the date of full payment.”
B. On October 6, 2016, the Plaintiff, based on the foregoing judgment, issued a seizure and collection order (hereinafter “instant collection order”) against the amount of money up to KRW 21,517,768, among the construction cost claims for construction of a new C&T building located in Busan Shipping Daegu, and the construction of He/she was executed by He/she as the debtor and the Defendant as the third debtor, the Busan District Court Decision 2016TTTT1958, and the said decision was served on the Defendant on October 11, 2016.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff asserts that the defendant is liable to pay the collection amount to the plaintiff according to the collection order of this case. The defendant asserts that there was no claim for construction price against the defendant of Heung Construction at the time when he was served with the collection order of this case.
In a lawsuit for collection, the existence of a claim for collection is a requisite fact and the burden of proof is to be borne by the Plaintiff (see, e.g., Supreme Court Decisions 2005Da47175, Jan. 11, 2007; 2013Da40476, Jun. 11, 2015); and the following circumstances, which can be recognized by comprehensively considering the overall purport of the pleadings in the entries in the evidence Nos. 1 through 4 (including the serial number), namely, the Defendant entered into a contract for construction work with the Heil General Construction around Oct. 2014, 200 with respect to the construction work of the new construction of the main complex building on the land other than the Busan Metropolitan Transportation Daegu Metropolitan Government (excluding the serial number), with which the construction cost is KRW 2,892,00,000,000 (excluding value-added tax).