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1. The plaintiff succeeding intervenor's appeal is dismissed.
2. The costs of appeal shall be borne by the intervenor succeeding to the plaintiff.
Reasons
1. Basic facts
A. On August 9, 2014, the Defendant entered into a contract with D on the construction work of constructing a new factory on the land of the Party E (hereinafter “instant construction work”). On August 9, 2014, the Plaintiff Company A (hereinafter “A”) entered into a contract with the Defendant for the construction work of the instant construction work (hereinafter “instant subcontract”). The Plaintiff Company A (hereinafter “A”) entered into a contract with the Defendant for the construction work of KRW 1,189,100,000 (including value-added tax).
B. On May 31, 2015, A completed the instant construction, and the Defendant directly paid A KRW 720,500,000 as the construction cost, and instead of paying the construction cost, A paid A the respective payment obligations of KRW 50,289,69,690, and 60,800,000 for the elevator-based business entity and the obligation to pay the price to A-registered business.
C. On March 8, 2016, the Plaintiff’s succeeding intervenor filed a lawsuit with the Seoul Eastern District Court seeking payment of KRW 244,812,977 of the goods price and delay damages therefor. On November 18, 2016, the said court rendered a judgment that “A shall pay to the Plaintiff’s succeeding Intervenor the amount of KRW 244,812,977 and KRW 161,778,662 at the rate of 15% per annum from October 8, 2015 for KRW 83,034,315 from January 30, 2016 to the date of full payment.” The said judgment became final and conclusive on December 13, 2016.
(Seoul Eastern District Court 2016Kahap101837, hereinafter referred to as "the instant case"). D.
Then, on April 23, 2018, the Plaintiff’s succeeding intervenor filed an application for the attachment and assignment order with the Daejeon District Court Branch Branch of the Daejeon District Court based on the executory exemplification of the judgment regarding the instant case. On April 23, 2018, the Plaintiff’s succeeding intervenor obtained a claim attachment and assignment order regarding KRW 333,884,736 from the above court to the Defendant under the instant subcontract (the Daejeon District Court Branch of the Daejeon District Court of 2018TTT 3121, hereinafter “instant claim attachment and assignment order”), and the said order is issued.