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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 August 13, 2014, the Plaintiff concluded a subcontract for electricity and telecommunication works among D plant construction works outside C and C in Yangyang-si, Namyang-si.
B. On November 23, 2015, the Plaintiff filed a lawsuit demanding payment of KRW 72,00,000 and KRW 15,000,000 for loans, and KRW 15,000,000 for loans, and KRW 87,000,00 for the said subcontracted construction. On February 3, 2016, the Plaintiff was rendered a favorable judgment under the Incheon District Court’s Branch Branch Decision 2015Kadan2707, and the conciliation was established as shown in the attached conciliation clause as of April 19, 2016 by the Defendant appealed and the Incheon District Court Decision 2016 money641, supra.
C. Meanwhile, as the Plaintiff won a favorable judgment in the above judgment of the first instance court, the Plaintiff’s claim is the claim and thus, the Seoul Western District Court 2016TTTTT1540 (hereinafter “instant construction”) held against the Defendant on February 18, 2016, and issued a seizure and collection order under the Eunpyeong-gu Seoul Western District Court 2016TTTTT1540 (hereinafter “instant construction”).
(D) received. D. The instant order of seizure and collection reached the Defendant on March 11, 2016. E. The Plaintiff filed a lawsuit against the Defendant for the instant collection according to the instant order of seizure and collection (the foregoing KRW 87,00,000, 00, excluding KRW 33,087,221, excluding KRW 33,912,79, 779, 2000, excluding KRW 87,000, 200).
(i) [The purport of each entry and all pleadings as to Gap evidence of subparagraphs 1 through 4 of the ground for recognition.]
2. Determination
A. In a collection claim lawsuit, the existence of the seized claim is a requisite fact and the burden of proof is borne by the plaintiff.
B. There is no dispute over the fact that the Defendant entered into a contract for the instant construction project at KRW 396,00,000 with the Diplomatic Construction on October 7, 2015.
However, the order of seizure and collection in this case must be issued to the defendant on March 11, 2016.