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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against E Co., Ltd. (hereinafter “E”) seeking payment of KRW 42,350,000 for credit amount to the Daejeon District Court Branch 2019 Ghana 9367, and on April 28, 2020, the said court issued a recommendation to recommend that E pay to the Plaintiff 42,350,000 won and its amount at the rate of 12% per annum from May 1, 2020 to the date of full payment (hereinafter “decision to recommend settlement of this case”). The said decision became final and conclusive around that time.
B. On May 26, 2020, the Plaintiff received a seizure and collection order (hereinafter “the instant collection order”) against the claim for construction cost under the Fable block contract against the Defendant under the Jung-gu District Court Goyang Branch 2020, 3269, with the amount claimed as KRW 30,428,268, upon the instant recommendation for reconciliation. The said order was served on the Defendant on May 29, 2020.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. In the argument and judgment-making monetary action, the existence of the claims to be collected is a requisite fact and the burden of proof is borne by the plaintiff.
The plaintiff is not obligated to make a specific assertion and prove that E has a claim for construction price against the defendant at the time when the collection order of this case is served to the defendant (see Supreme Court Decision 2005Da47175, Jan. 11, 2007, etc.).
Rather, comprehensively taking account of the overall purport of the pleadings in the statements in Eul evidence Nos. 2 through 5, 10 through 22, the defendant entered into a contract with the Government-related construction costs of KRW 20,796,700,000 in total from June 1, 2018 to October 11, 2019, but Eul renounced the construction works contracted by the defendant around December 5, 2019, and at the time E renounces the construction works, the defendant paid or deposited KRW 18,34,186,300 in the construction cost as above, and the defendant paid or deposited KRW 18,34,186,300 in the construction cost as the construction cost on December 27, 2019.