beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the facts of the basis may be admitted, either in dispute between the parties or in each entry in Gap evidence Nos. 1, 2, and 7 (including serial numbers), together with the whole purport of the pleadings. A.
On May 3, 2011, the Defendant entered into a contract with a limited liability company A (mutually limited liability company B; hereinafter referred to as “A”) under which the Seoul Jung-gu Seoul Central Urban Residential Housing Construction Corporation (hereinafter referred to as “instant construction”) was contracted for KRW 1,367,135,292 (hereinafter referred to as “instant contract”). Accordingly, A commenced construction.
B. Meanwhile, the Plaintiff applied for a payment order against A, Seoul Eastern District Court No. 201j5645, claiming payment of KRW 116,400,000 of the rent for building materials, and its delay damages, and received the payment order on June 15, 201 as the purport of the application, and the payment order was finalized on July 5, 201.
C. On August 2, 2011, the Plaintiff filed an order of seizure and collection (hereinafter “instant collection order”) with respect to KRW 118,89,831, out of the construction price claims under the instant contract against the Defendant with the Seoul Eastern District Court 201TT District Court 201TTTTTT 17891, and received the order of seizure and collection on August 2, 201. On August 11, 201, the instant collection order was served on the Defendant.
2. The parties' assertion
A. A, the cause of the Plaintiff’s claim, has the claim for construction cost against the Defendant under the instant contract, and the Plaintiff received the instant collection order as to KRW 118,89,831, out of the claim for construction cost, and thus, the Defendant is obligated to pay the Plaintiff KRW 118,89,831 and delay damages therefrom.
B. On July 201, 201, before the Defendant was served with the collection order of this case, the Defendant agreed to reduce the construction work under the instant contract to KRW 240,608,480, and paid all the settlement amount to A by July 15, 201. Thus, the instant collection order is issued.