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The plaintiff's claim of this case is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. On February 25, 2020, the Plaintiff: (a) made Nonparty D Co., Ltd. as the debtor and the defendant as the third debt; and (b) received a seizure and collection order as to the amount stated in the purport of the claim; and (c) there is no dispute between the parties that delivered the collection order of this case to the Defendant.
2. In regard to the Plaintiff’s claim for the payment of the collection amount based on the instant collection order, the Defendant: (a) during the year 2017, it is recognized that the Defendant, the owner of the building, awarded a contract for the construction work for the F Commercial Building in the attached Table E to the obligor (mutual company E before the change), and completed the completion inspection after completion of June 2019 where the said F building was considerably delayed more than the due date for the completion of the agreement; (b) however, in the settlement of the construction price thereafter, the delayed prize amount was excessive, and the Defendant’s obligation to the Defendant’s obligor as stated in the attached list against the Defendant’s third obligor is entirely extinguished; and (c) the Defendant’s obligation to pay the construction price to the third obligor remains only
In full view of the overall purport of arguments in evidence Nos. 1, 2, 14-1, 2, 3, 15, and 16-1, 2, 3, 15, and 16 of the evidence Nos. 3-1, 3-2, 14-2 of the evidence No. 3-2, and the purport of the whole pleadings, the contract for construction works, which is the cause of the claim for the construction cost stated in the attached list against the debtor stated in the collection order of this case, was concluded on May 19, 2017, not on July 2, 2019, but on May 19, 2017, several revised contracts were commenced several times, and the debtor commenced around October 10, 2017 but completed the completion inspection on June 20, 2019, immediately before completion, between the debtor and the defendant on April 22, 2019.