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1. Of the instant lawsuits, 75,353,895 won and the interest rate of 20% per annum from June 25, 2015 to the date of full payment.
Reasons
Plaintiff’s assertion
On September 28, 2011, the Plaintiff entered into a contract for construction works with the Defendant, which was awarded a contract with the Defendant for the construction of a kindergarten and a child-care center (hereinafter “instant construction”) on five parcels, including North Korea-U.D. B, and five parcels, for the construction cost of KRW 70 million (including value-added tax).
Nevertheless, as the Defendant paid only KRW 566 million to the Plaintiff, it is obligated to pay the remainder construction cost of KRW 24 million and damages for delay.
Judgment
Whether the part concerning the claim for KRW 75,353,895 and damages for delay thereof are legitimate, the Defendant asserted that the part concerning the claim for the attachment and collection of KRW 75,353,895 among the claim for the construction price of this case against the Defendant by the Plaintiff, the obligee of the Plaintiff, was unlawful, since the Defendant received the attachment and collection order against KRW 75,353,895, among the claim for the construction price of this case against the Defendant by the Plaintiff.
Upon the issuance of a seizure and collection order against a third party obligor, only the collection obligee may file a lawsuit for performance against the third party obligor, and the obligor shall lose the standing to file a lawsuit for performance against the seized claim (see, e.g., Supreme Court Decision 2007Da60417, Sept. 25, 2008). According to the evidence Nos. 3-1 and 2-2, the Plaintiff, who is the relevant obligor, was disqualified on June 11, 2015, based on the certified copy of an executory payment order of Daejeon District Court 2012 tea 552 against the Plaintiff, Daejeon District Court 2012Da552, Jun. 11, 2015, concerning KRW 75,353,895, out of the construction price claim of the instant case sought by the Plaintiff, and the amount claimed by the Plaintiff, 75,353,895, and the execution order (Seoul District Court 2015Ma752, Jun. 24, 2015).