Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On July 3, 2015, the Plaintiff filed a payment order against C with the Jeonju District Court 2015Guj893, which issued a payment order with the purport that “C shall pay to the Plaintiff the amount of KRW 33,656,700 with interest rate of 20% per annum from the day after the payment order was served to the day of complete payment,” and the above payment order was finalized around that time.
B. The Plaintiff: (a) issued a collection order for KRW 34,584,573 based on the original copy of the above executory payment order (i.e., the principal amount of KRW 33,656,70, KRW 927,873) with the claim claim; and (b) on August 31, 2015, with the Kim Jong-si Construction Price Claim (hereinafter “C”) with the same court 2015TT4895, which was held against the Defendant, issued a seizure and collection order for KRW 34,584,573 of the above claim amount among the construction cost claim (hereinafter “the instant construction cost claim”); and (c) issued a seizure and collection order for the above claim attachment and collection to the Defendant, who is the debtor on September 23, 2015.
(hereinafter “instant collection order”). C.
C and the Defendant filed a lawsuit against the Defendant on the claim for the construction cost of this case under the Jeonju District Court Decision 2015Da31799, and rendered a favorable judgment on July 26, 2016. However, the Defendant appealed as the Gwangju High Court Decision 2016Na12101, and the above court is obligated for the Defendant to pay C totaling KRW 638,997,050,050, including the construction cost of this case, but the Defendant is obligated to pay C the sum of KRW 503,40,000, including the amount repaid by the mutual aid holder, and the amount of the claim subject to a collection order or assignment order, including the collection order of this case, KRW 123,848,568, and KRW 123,848,568, and KRW 2018, 2929, May 29, 2018.