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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff A KRW 30,212,094, and KRW 37,532,831 and each of the said money.
Reasons
1. Facts of recognition;
A. On February 16, 2010, the Defendant subcontracted the instant construction work and the sanitary instrument supply work (hereinafter “instant construction work”) among the construction work of building on the ground-based and four parcels of land (hereinafter “instant construction work”) to 180,000,000,000,000 square meters, in the fluencing-si Co., Ltd., Ltd. (hereinafter “MaraD”)
B. With respect to the instant claim for the construction cost against the Defendant in Pakistan, the Plaintiffs, as creditors of Pakistan, were issued a seizure and collection order as follows.
1) The Plaintiff A received a seizure and collection order from the obligor, the third obligor, as the Defendant, pursuant to Article 2011TTA, which was KRW 2011TTA, and the above order was served on the Defendant on November 30, 2011. (2) The Plaintiff B received a seizure and collection order from the obligor, the third obligor, the Defendant, and the Suwon District Court KRW 2012TTTT1512, the Defendant, and the above order was served on the Defendant on March 19, 2012.
C. After that, the Plaintiffs’ withdrawal of an application for attachment of part of the above amount of attachment, and then received an assignment order (hereinafter “instant assignment order”) on March 22, 2012 on the claim of KRW 74 million on the basis of the above seizure order (Plaintiff A33 million, Plaintiff B41 million), and on the basis of the above seizure order, the obligor is faced with difficulties, and the third obligor is “Unified Construction Co., Ltd., Ltd., a rehabilitation company,” and issued an assignment order (hereinafter “instant assignment order”). On March 28, 2012, the said order was served on the Defendant on March 28, 2012, and was finalized on May 4, 2012.
On December 30, 2011, C, a creditor of Pakistan, was issued a provisional attachment order as to the claim for the construction price of this case with the amount of KRW 32 million in Suwon District Court Hyeongwon District Court KRW 201Kadan4290 with the amount of claim KRW 32 million, and the provisional attachment order was served on the defendant January 4, 2012.
On December 10, 2012, C withdrawn an application for provisional seizure of 12 million won out of the amount claimed for provisional seizure.
E. The defendant's assignment order, provisional attachment decision, etc.