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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Based on the judgment with executory power over the case of the purchase price of goods in Gwangju District Court 2013Kadan5058, Gwangju District Court 2013Kadan5058, May 27, 2014, the Plaintiff received a seizure and collection order of KRW 23,323,050 from among the construction price claims against the Defendant in the truster Co., Ltd. as seen below (i.e., Gwangju District Court 2014 Taz. 9261, and KRW 19,938,600 from among the above amounts (i.e., the provisional seizure of claim 2013Kadan4890, which was issued on August 9, 2013). The fact that the Plaintiff served on the Defendant on May 28, 2014, can be acknowledged by comprehensively considering the purport of the pleadings in the evidence No. 2 and No. 3.
2. Judgment on the defendant's defense
A. The Plaintiff claimed the above collection claim amounting to KRW 23,323,050 and damages for delay. The Defendant asserted that all of the collection claims have already been extinguished.
(b) The following facts can be acknowledged in light of the whole purport of the pleading in each statement Nos. 1, 2-1, 3-1, 5 of the evidence Nos. 1, 2-1, 3-1, 5.
1) On March 2, 2013, the Defendant awarded a contract for livestock excreta facilities and construction works at KRW 122,00,000 for the trust and good faith period of a stock company, and thereafter, paid the construction cost of KRW 18,00,000 for the total amount of KRW 18,000 until July 30, 2013 to the trust and good faith period of a stock company (the construction cost thereafter remains KRW 122,00,000 ( KRW 18,000,000).
(2) However, on August 2, 2013, B and 14 were ordered to attach claims and assignment order for KRW 106,824,390, which is larger than the remaining amount, among the above construction cost claims against the Defendant of Musan Co., Ltd. (Seoul District Court 2013TTTTT123), and this claim attachment and assignment order was served on the Defendant on August 5, 2013, and became final and conclusive thereafter.
C. A claim seized upon confirmation of an assignment order is transferred to an execution creditor in lieu of payment when the assignment order was served on the garnishee (Article 229(3) and (7) and the main text of Article 231 of the Civil Execution Act).