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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 July 3, 2013, the Defendant concluded a construction contract (hereinafter collectively referred to as “instant construction contract”) with a non-party 1,969,00,000 construction cost of the construction work for the new construction work for the Gyeyangsan Central Construction Co., Ltd. (hereinafter referred to as “non-party 1”) on October 1, 2013.
B. The Plaintiff filed a provisional attachment order with the Daegu District Court 2014Kadan3180 on May 26, 2014 regarding the claim against the Defendant of the non-party company with the amount of KRW 60,50,120 as the claim amount, and the provisional attachment order on the claim amount was issued by the above court (hereinafter “the provisional attachment order of this case”). The above order was served on the Defendant on May 28, 201.
C. On May 26, 2014, the Plaintiff applied for a payment order against Nonparty Company with the Daegu District Court No. 2014 tea4150, and the Plaintiff paid to the Plaintiff the amount calculated at the rate of 20% per annum from the day following the delivery of the payment order to the day of full payment. The payment order became final and conclusive on June 14, 2014.
On November 4, 2014, the Plaintiff received a claim amounting to KRW 65,830,110 in respect of the claim amount for construction price, etc. against the Defendant of the non-party company on the basis of the above payment order against the non-party company. The Plaintiff received a seizure and collection order (Seoul District Court Branch Branch Branch 2014, 1139, hereinafter “instant collection order”). The above order was served on the Defendant on November 7, 2014, and became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 3 and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The defendant alleged by the plaintiff.