beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. A. On May 2010, B Co., Ltd. (hereinafter “B”) awarded a contract for factory extension works in Chungcheongnam-gun, Hongsung-gun (hereinafter “instant construction”). On May 26, 2010, the Plaintiff, who runs steel sales wholesale and retail business with the trade name “E,” supplied the Plaintiff with defective steel bars worth KRW 23,240,000 at the instant construction site.
B. B terminated the instant contract for the instant construction project with the Deputy Construction Division as the instant construction was no longer advanced during the middle of the construction, and the F, etc., which had been directly engaged in the instant construction project at the construction site around July 19, 2010, settled the price for the portion of the construction project that had been carried out.
C. On October 11, 2012, the Plaintiff filed an application with the Daegu District Court Branch Branch B for a payment order seeking the payment of the price for the steel bars supplied by the Plaintiff at the construction site of this case (hereinafter “the price for the instant goods”). On October 19, 2012, the Plaintiff received the payment order stating that “B shall pay the Plaintiff the amount of KRW 23,240,000 and the damages for delay calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the date of full payment (hereinafter “instant payment order”). The above payment order was finalized on November 8 of the same year.
(F) Daegu District Court Branch 2012j2502. D.
Based on the original copy of the instant payment order, the Plaintiff filed an application for a seizure and collection order against the Bank of Korea for the claim for the return of deposit against the Bank of Korea (Tgu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2012No. 1005), and filed an application for an auction against the movable owned by B (C). On February 8, 2013, the Defendant filed a lawsuit of demurrer to seek the denial of compulsory execution based on the original copy of the instant payment order (Tgu District Court Branch Branch Branch Branch Branch Branch Branch Office 2013No. 300329) with the said court, and rendered the said judgment from the said court.