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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. On April 7, 2016, the Plaintiff filed an application for payment order (the Daejeon District Court Decision 2016Ra218, May 3, 2016, the said payment order became final and conclusive as it became final and conclusive on May 3, 2016, for the payment of KRW 22,58,500 labor cost for the human resources supplied at the construction site that was executed by Dong and Dong and Dong, from July 2015 to April 2016, for the payment of KRW 22,58,500 for the labor cost for the human resources supplied at the construction site that was executed by Dong and Dong and Dong.
B. On April 18, 2016, the Plaintiff was issued a provisional attachment of KRW 22,58,500, among the DHaws Haws Haws Haws Haws Haws Haws Haws Haws Haws Haws Ma2016Kadan299 against the Defendant.
C. On May 23, 2016, based on the original copy of the above payment order, the Plaintiff transferred the above provisional seizure of KRW 22,588,500, among the above construction cost claims, to the principal seizure. The Plaintiff received the above provisional seizure and collection order (hereinafter “instant collection order”) which additionally seizes KRW 1,053,535, and the instant collection order was served on the Defendant on May 25, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff Dong Jae-sung has the claim for construction price D against the Defendant, the Plaintiff claims for the collection of the above claim with the claim amounting to KRW 23,642,035, which is the claim amount of the collection order of this case, and damages for delay.
B. On March 16, 2016, the Defendant concluded a construction contract under which the construction cost for the installation of D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Drrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
The defendant shall be the same person.