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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.
Reasons
1. Basic facts
A. The Plaintiffs filed an order to pay KRW 6,611,08,400 against Y Co., Ltd. (hereinafter “Nonindicted Company”) with the Busan District Court Decision 2016Hu31081 (hereinafter “Nonindicted Company”) seeking payment of the total amount of the unpaid construction cost as stated in the claim amount by obligee as indicated in the separate sheet, and received payment order from the above court on December 27, 2016, and the said payment order became final and conclusive on February 1, 2017.
On April 27, 2017, the Plaintiffs issued a seizure and collection order (hereinafter “instant claim seizure and collection order”) with respect to the amount up to KRW 6,611,08,40,00 among the loan claims that a company outside the lawsuit owns against the Defendant, as the title of execution of the said finalized payment order. The instant claim seizure and collection order were served on the Defendant on May 2, 2017.
B. On June 13, 2016, the Nonparty Company entered into a construction contract with the Z Co., Ltd. (hereinafter “Z”) on the construction works of the AC, AD located in the Z, 2, and 3 plant construction works (hereinafter “instant construction contract”).
In order to prepare the construction cost of the instant construction contract, the Z submitted the contract amount of construction works in KRW 2,805,000,000 for the new construction works of the secondary factory and the contract amount of construction works in KRW 2,915,00,000 for the third new construction works of the factory to the AB Bank Liberian branch, and entered into a loan agreement in KRW 3.7 billion between AB bank Liberian branch and the Corporation branch.
C. On June 30, 2016, Nonparty Company issued electronic tax invoices of KRW 550,00,000 ( KRW 275,000,000, and KRW 275,000,000) in total, with the supply of Z on June 30, 2016, and the Z paid KRW 200,000 to Nonparty Company on July 15, 2016.
C. On August 1, 2016, Nonparty Construction issued electronic tax invoices of KRW 71,50,000 ( KRW 35,750,000, and KRW 35,750,000) in total, with the supply of Z on August 1, 2016.