beta
Text
1.The judgment of the first instance shall be modified as follows:
Of the plaintiff's lawsuit against the defendant, the principal amount of KRW 277,559,901 and its importance.
Reasons
1. Basic facts
A. On March 11, 2013, the Plaintiff entered into a contract with the Defendant for the construction of the 4th floor building (hereinafter “instant building”) on the land outside Gwangju City and three parcels (hereinafter “instant construction”).
B. On January 21, 2014, the instant building was completed and delivered to the Defendant around that time.
C. On November 18, 2015, the succeeding intervenor received a claim attachment and collection order (hereinafter “instant collection order”) regarding KRW 7,728,663 of the construction cost that the Defendant should pay to the Plaintiff according to the result of the instant lawsuit as the Suwon District Court Branch Branch 2015TTT12593, based on the enforcement title of the claim against the Plaintiff’s claim against the Plaintiff for the purchase of goods. The instant collection order was served on the Defendant on November 20, 2015.
In addition, the plaintiff's subcontractors received each of the following orders for seizure and collection against the plaintiff's construction cost of this case against the defendant, and each of the above orders for collection was served as follows.
1) On January 13, 2015, H received a claim attachment and collection order as to KRW 7,800,000 among the construction price of the instant case against the Plaintiff against the Defendant by Sungwon District Court Branch 2015TT296, and the said collection order was served on the Defendant on January 20, 2015. 2) On July 28, 2016, Suwon District Court Branch 2016TTT7263, Suwon District Court Branch 2016, Suwon District Court Branch 2016, issued a claim attachment and collection order as to KRW 67,215,342 of the construction price to be paid to the Plaintiff by the Defendant according to the outcome of the instant lawsuit, and the said collection order was served on the Defendant on August 2, 2016.
3) On August 22, 2016, Suwon District Court Branch 2016 Sungnam Branch 2016TT8024 issued a seizure and collection order as to KRW 21,641,250 of the construction cost that the Defendant should pay to the Plaintiff according to the result of the instant lawsuit, and the above collection order was served on the Defendant on October 19, 2016.