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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion and the plaintiff's judgment as to the claim for construction price C against the defendant, asserting that the defendant is obligated to pay the above amount to the plaintiff, since he received a seizure and collection order as to the claim for construction price payment against C.
Comprehensively taking account of the purport of the entire arguments in the statement of evidence Nos. 1, 2 and 3, the Plaintiff received a seizure and collection order as to KRW 58,066,321 from the Ulsan District Court Decision 2012Da37960, Ulsan District Court 2013, Nov. 28, 2013, based on the authentic execution of the executory judgment No. 2013, U.S. District Court 2012Da37960, and the fact that the above order was served on the Defendant on December 27, 2013 is recognized.
However, there is no evidence to acknowledge the existence of C’s claim for construction cost against the Defendant, which is the object of the above seizure and collection order, and the Plaintiff’s assertion is without merit.
2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance has different conclusions, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.