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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 25,411,774 as well as March 22, 2017.
Reasons
1. Facts of recognition;
A. On October 7, 2011, the construction of DNA industry Co., Ltd. (hereinafter “di industry construction”) contracted with the Defendant for the construction of the new construction of the fourth floor neighborhood living facilities on the ground C (hereinafter “the instant building”) at Sacheon-si with the construction cost of KRW 721,050,000, and the construction period from October 8, 201 to April 6, 2012. After the defect repair, the Defendant paid KRW 90,00,000 as the final settlement payment amount to the DNA industry construction in relation to the said new construction, and the Defendant agreed from the DNA industry construction to receive a warranty certificate for the new construction site of the instant building (hereinafter “the instant warranty certificate”).
B. On January 22, 2014, the Plaintiff: (a) received a seizure and collection order as to the claim for the construction price against the Defendant in the development of DNA industry by using the claim amounting to the goods price claim (356,829,172 won); (b) the Plaintiff received a seizure and collection order as to the claim for the construction price claim against the Defendant in the development of DNA industry (Seoul District Court 2014TTT1900; hereinafter “instant claim seizure and collection order”); and (c) the original copy of the seizure and collection order was served on January 28, 2014 to the Defendant.
C. On March 10, 2014, the construction of a DNA industry transferred KRW 26,647,570, out of the construction price claims against the Defendant, to the Taebag Construction Co., Ltd. (hereinafter “ Taebag Construction”), and notified the Defendant of the transfer on March 11, 2014.
Then, on June 3, 2014, the Taeksan Construction filed a lawsuit against the defendant as Busan District Court Branch of Dong Branch of Busan District Court 2014Kadan12210. On February 4, 2015, the above court rendered a judgment ordering the defendant to pay KRW 26,647,570 at the same time as the defective warranty of this case was issued from Dr. The above judgment became final and conclusive on March 4, 2015.
(hereinafter “the first final judgment of this case”). (e)
On the other hand, on June 23, 2015, the construction of the DNA industry against the defendant as Busan District Court 2015da45433.