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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On December 2, 2011, G with respect to the Plaintiff’s claim for the construction payment of the instant construction cost, the construction contract was concluded between the Esgin Industry Co., Ltd. and the Ulsan J Co., Ltd. with respect to the construction of a multi-household house on the ground of Ulsan J (hereinafter “instant construction contract”).
On December 21, 2011, the Plaintiff received a lump sum subcontract for the instant construction cost of KRW 537,300,000 (excluding value-added tax) from ESB Co., Ltd., and completed the instant construction work on February 30, 2012, starting from February 30, 2012, and completed the instant construction work on and after April 30, 2012, the instant construction was suspended on and around May 3, 2012, and the progress payment for the portion that the Plaintiff performed by the time the construction was suspended was KRW 240,00,000.
On September 7, 2012, the Plaintiff filed a lawsuit against the owner G, K (G father), and SP, Inc., the actual progress of the instant construction works, as Busan District Court 2012Gahap16219. On June 26, 2013, the pleadings of the instant case were concluded, and on July 17, 2013, G, K, and SSP, jointly and severally, the Plaintiff paid 6% per annum from September 13, 2012 to July 17, 2013, and 20% per annum from the next day to the date of full payment.
The above judgment became final and conclusive on September 24, 2013.
On June 12, 2013, the Plaintiff: (a) received a provisional attachment order issued by Busan District Court 2013Kahap828 on June 12, 2013, and completed the provisional attachment registration on June 20, 2013.
G’s property status G did not have any specific property other than the real estate listed in the separate sheet 1 and 2 around May 16, 2013. At the above point, G was applied for both voluntary auction and compulsory auction as seen below in the legal relationship on real estate listed in the separate sheet 1 at the above point.