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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. A around December 2008, entered into a contract with a non-party Postal Security Landscaping Co., Ltd. (hereinafter “non-party company”) on a subcontract for landscaping facilities (hereinafter “instant construction”) among Briart Tourist destinations landscaping works, and the Defendant acquired the said subcontract from A around June 201.
The Specialized Construction Financial Cooperative (hereinafter referred to as the "Specialized Construction Financial Cooperative") concluded a contract for performance guarantee with the non-party company.
B. On October 16, 2013, the Plaintiff applied for a payment order against Nonparty Company for a claim for the purchase of goods (Seoul District Court Branch Branch Branch Decision 201Da734), and the instant payment order was issued on November 5, 2013 with the purport that Nonparty Company would pay the Plaintiff KRW 182,90,693 and interest thereon (hereinafter “instant payment order”).
C. The Plaintiff is the executive title of the instant payment order. According to the judgment of the lawsuit filed against the Defendant in connection with the instant construction project by the non-party company (Seoul District Court Decision 2013Gahap115, Jinwon Branch Branch 2015, Busan High Court Original Court Decision 2015Na23256, hereinafter “instant damages lawsuit”), the claim attachment and collection order, which the Defendant shall pay to the non-party company, stated as “liability” in the claim attachment and collection order, but the purport of the instant damages lawsuit is to seize and collect the claim to be paid by the judgment, as well as the claim for construction cost, is combined.
A third party obligor as to B was issued a collection order for the seizure and collection of the debt by requesting the third party obligor to issue an order for the seizure and collection of the debt [the amount requested 201,63,083 won), 2015, 982 (the amount claimed 42,11,680 won), 2016, 216, 216, and 410 won (the amount claimed 46,526,410 won), hereinafter referred to as "the collection order of this case"), and each of the above decisions shall be issued.