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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On September 7, 2016, the Plaintiffs filed an application with the Plaintiff Company B (hereinafter “B”) for a payment order to the effect that “B shall pay KRW 114 million to Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) and the Non-Industrial Technology Co., Ltd. (hereinafter “Plaintiff Non-Industrial Co., Ltd”) for KRW 88 million and delay damages for each of the said money” (Seoul District Court Decision 2016Guj238), and the payment order for the above contents became final and conclusive on November 4, 2016.
B. On November 25, 2016, the Plaintiffs received a seizure and collection order (hereinafter “instant seizure and collection order”) from the above court to the effect that “a provisional seizure against a claim pursuant to the provisional seizure order of 2016Kadan5025 against the Plaintiff and B (the Defendant’s claim for construction price not paid to B) is transferred to the original seizure,” and the Plaintiffs received a seizure and collection order (hereinafter “instant seizure and collection order”) from the above court on the grounds that “a provisional seizure against the claim pursuant to the provisional seizure order of 2016Kadan5025 between the Plaintiff and B is transferred to the original seizure.” The above seizure and collection order were served to the Defendant on November 29, 2016.
C. The amount of the claim under the instant order of seizure and collection is KRW 2.2 billion, and the amount of the claim by the Plaintiff is KRW 114 billion of the safety waterproof of Plaintiff 911 and KRW 88 million of the Plaintiff’s non-party industry.
On the other hand, on August 4, 2015, B entered into a contract with the Defendant for construction work of KRW 1180 million (including value-added tax) and from August 6, 2015 to October 31, 2015, as the construction period was extended by December 24, 2015, B did not complete the construction work within the construction period, despite the fact that the construction period was extended by December 24, 2015.
E. After January 29, 2016, Defendant and B drafted a written confirmation of full payment of the construction cost as follows (hereinafter “instant confirmation”).
Article 2 (Total Contract Price and Scope of Construction Works) - Total Contract Price Certificate: