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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 22, 2012, the Plaintiff concluded a construction contract and performed the said construction work, setting the contract amount of KRW 1,710,500,000 with respect to the newly-built construction work of the Japanese Diplomatic Association (hereinafter “Supervision Foundation”) in order to determine the contract amount of KRW 1,710,50,000 with the Korea Foundation (hereinafter “Supervision Foundation”).
B. Under the claim for construction cost amounting to KRW 107,50,000 against the Plaintiff, the Suwon District Court issued a payment order against the Plaintiff under the Sung-nam Branch Branch of Sungwon District Court Order 201j3826. On October 29, 2012, the original copy of the payment order was the enforcement title, and the Seoul Central District Court Order 201Da3826 decided Oct. 29, 2012, issued a seizure and collection order against KRW 133,417,80 among the above construction cost claim against the third debtor supervision foundation.
C. On January 24, 2013, 2013, C transferred the claim for collection based on the collection order under the above 2012TTT to C. On February 5, 2013, C filed a lawsuit against the supervision foundation for the payment of KRW 133,417,808 as Seoul Central District Court 2013Gahap9388 and the delayed payment damages therefor. On July 19, 2013, the above court declared that C’s claim was accepted, and the said judgment was finalized on August 10, 2013, and the supervision foundation paid KRW 14,237,443 as the principal and interest of the above judgment to C on August 20, 2013.
The Defendants received a claim attachment and collection order (Seoul Central District Court 2014Na11255 (No. 2013Gahap60888) against the Plaintiff with respect to the claim for the payment of construction price for which the order for payment was issued against the Plaintiff, the debtor, as the third debtor, and the order for payment was issued. The Defendants filed a lawsuit against the Plaintiff for the claim for the collection of the Seoul High Court 2014Na1255 (No. 2013Gahap60888) with respect to the claim for the payment of construction price for which the order for seizure was issued. The said court paid the Plaintiff KRW 79,328,754 to the Defendant Sam Steel Co., Ltd., and the damages for delay to the Defendant Taesung Steel Co., Ltd.