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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed an application for provisional attachment of bonds and investment certificates with the Incheon District Court 2018Kadan101878 with respect to the claim amount of KRW 71,00,000 against D Co., Ltd. (hereinafter “Nonindicted Company”). On May 16, 2018, the said court rendered a provisional attachment decision upon the Plaintiff’s application (hereinafter “decision on provisional attachment”) and the said provisional attachment decision reached the Defendants on May 23, 2018.
B. On September 19, 2018, the payment order was finalized on September 19, 2018, upon receipt of an order for payment of construction price under the Incheon District Court Decision 2018Hu22531 against D Co., Ltd.
C. On April 1, 2019, the Plaintiff filed an application with the Incheon District Court for a provisional seizure and collection order to transfer the provisional seizure to the provisional seizure. On April 1, 2019, the above court transferred the provisional seizure and collection order against the Plaintiff and the non-party company to the Incheon District Court 2018Kadan101878, as the contractor for the non-party company, “F Corporation (hereinafter “E”) jointly operated by the third debtor as the contractor for the non-party company, and issued the provisional seizure order against the third party company (hereinafter “the construction of this case”) around November 2017, it reached the seizure order against the Defendant 17,338,40 won (hereinafter “the construction payment claim of this case”), and the remaining claims against the third party obligor pursuant to the contract for the construction of this case (hereinafter “the seizure order against the Defendant 31,169,200 won”) and the seizure order against the Defendant 2,3636,269 won (hereinafter “the seizure order against the Defendant 3686,485,4869.
The Defendants, on November 13, 2019, are competing with each other’s seizure, provisional seizure, etc. as to the instant claim for construction cost, including the Plaintiffs.