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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Facts of recognition;
A. On November 2, 2015, the Defendant awarded a contract to C Co., Ltd. (hereinafter “C”) on November 2, 2015, setting the period of construction from November 2, 2015 to July 31, 2016, with the construction work of interior strawing apartment (hereinafter “instant building”) among the new construction works of major apartment complexes on the ground of Seoul and 38 lots (hereinafter “instant building”) as KRW 365,108,39.
B. On May 18, 2016, the Defendant, among the new construction works of the instant building, ordered C to set the construction period from May 18, 2016 to July 31, 2016, the construction cost of construction at KRW 66,00,000 for the construction period.
C. On June 13, 2016, among the new construction works of the instant building from C, the Plaintiff was awarded a contract by setting the construction period of KRW 47,00,000 for the construction cost from May 24, 2015 to June 15, 2016.
On October 28, 2016, the Plaintiff received a provisional attachment order on the claim for construction payment related to the new construction of the instant building, which C holds against the Defendant, by Seoul Southern District Court 2016Kadan4265 (Seoul Southern District Court).
E. The Plaintiff filed a lawsuit against C with the Seoul Southern District Court (Seoul Southern District Court 2016Da45490) claiming the payment of the construction cost for the additional construction works, etc., claiming that C performed the additional construction works other than the construction works contracted by C as above. The instant case was transferred to the same court for conciliation and conciliation as 2017 money5862, and the conciliation was concluded on January 10, 2018.
F. On April 6, 2018, the Plaintiff: (a) filed an application with the Seoul Southern District Court for a seizure and collection order to transfer the above provisional seizure to the original seizure on the claim for construction cost related to the construction work of the instant building, which C holds against the Defendant, with the claim amounting to KRW 30,628,956 stated in the original copy of the conciliation protocol as Seoul Southern District Court 2018TTTT3587; and (b) received a seizure and collection order from the above court; and (c) received a seizure and collection order from the above court, the original copy of the order reaches the Defendant on April 11, 2018.
[Grounds for recognition] between the parties.