The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff filed an application with C Co., Ltd. (hereinafter “C”) for a payment order seeking the payment of equipment costs under the Incheon District Court Decision 2020 tea 548, and on March 3, 2020, “C” issued a payment order to the Plaintiff for delayed damages, overdue procedural costs, and the payment order was finalized around that time.

B. Based on the above payment order, the Plaintiff seized KRW 73,689,138 of the construction price claim against the Defendant in Incheon District Court 2020, 8092, and sought a collection order against the said money. The above court made a request for a collection order against the said money. The above court made a decision of acceptance on May 29, 2020.

The above ruling was served on the Defendant on June 3, 2020 (hereinafter “the instant seizure and collection order”). [Grounds for recognition] The fact that no dispute exists, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1, and the purport of the whole pleadings.

2. The existence of a claim subject to collection is a requisite fact and the burden of proof is against the Plaintiff, the obligee (see, e.g., Supreme Court Decision 2005Da47175, Jul. 11, 2007). Even when a claim subject to seizure and collection order is served after the claim subject to seizure is extinguished due to repayment, it is null and void as it is against a claim for which there is no seizure and collection order (see Supreme Court Decision 2003Da37426, Oct. 24, 2003). The Plaintiff failed to submit evidence proving that C has a claim for construction payment against the Defendant at the time of delivery of the seizure and collection order of this case to the Defendant.

Rather, comprehensively taking account of the overall purport of the arguments in the evidence evidence Nos. 2 through 5, the Defendant entered into a contract on November 16, 2017 with the construction cost of KRW 5.61 billion for an urban development project in C and B (civil engineering and landscape architecture). C entered into a contract by September 11, 2018, and C demanded the Defendant to pay KRW 2,207,888,000 to the Defendant by September 11, 2018, the amount of the completed payment for the said construction work at the time C ceased the construction work; the amount of the completed payment for the construction work at the time C ceased the construction work; the Defendant was the cause of KRW 1,986,240,047; and the Defendant on November 1, 2017.