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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. C Co., Ltd. (hereinafter “C”) entered into a contract on new construction of accommodation facilities on the D ground in Changwon-si, Changwon-si, Changwon-si (hereinafter “instant contract”). On July 28, 2016, the construction was performed after entering into a contract on new construction of accommodation facilities on the D ground (hereinafter “instant contract”). On July 28, 2016, the construction was performed after entering into the said contract.
B. On February 15, 2017, the Plaintiff: (a) received a provisional attachment order (hereinafter “provisional attachment order against the instant claim”) against C on the claim for the payment of the construction price of KRW 70,000,000 against C as the preserved claim against the Plaintiff; (b) on February 20, 2017, the written order of the provisional attachment order against the said claim was served on the Defendant on February 20, 2017; and (c) the seized claim (hereinafter “instant seized claim”) is indicated as follows in the written order of the provisional attachment order against the said claim:
Amount of claim means 70,000,000 debtor C. A around April 2016 the defendant in this case means the defendant in this case.
Amount to the above claim amount out of the claim amount of the construction cost to be paid from the third debtor upon completion of the F Corporation's contract with the Haan-gun, Haan-gun, the third debtor's ownership (Provided, That this shall not apply to the claims prohibited from seizure under Article 88 of the Framework Act on the Construction Industry)
C. On July 21, 2017, the Plaintiff received a payment order (2017 tea102; hereinafter “instant payment order”) with the purport that “C shall pay to the Plaintiff the amount of KRW 70,00,000,000, which is the preserved bond of this case, and the amount calculated by the rate of 15% per annum from the day following the day when the original copy of the payment order was served to the day when the original copy of the payment order was fully paid,” and the payment order was finalized on September 9, 2017 after the original copy of the payment order was served to C on August 25, 2017.
On January 9, 2018, the Plaintiff is the Changwon District Court.