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1. The claim of this case is dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Plaintiff filed an application for provisional attachment of claim with the Seoul Southern District Court 2015Kadan260 on January 22, 2015 against the Defendant and the Defendant on January 26, 2014. The said decision was served on the Defendant on January 26, 2014.
B. On February 4, 2015, the Plaintiff filed an application for the payment order for the price of goods with respect to the amount of KRW 26,867,50, and damages for delay from the day following the delivery of the payment order to the day of complete payment. The Plaintiff filed an application for the payment order for the price of goods with the High Government District Court 2015 tea 168 with the High Government District Court 2015Da168. The said decision became final and conclusive on February 24, 2015.
C. The plaintiff, based on the above payment order, serves as the debtor and the defendant as the third party debtor.
The provisional seizure of KRW 26,867,50, out of the claims based on the decision of provisional seizure stated in the Paragraph, shall be transferred to the provisional seizure, and the remaining KRW 471,101 shall be applied for the seizure and collection order to the effect that the seizure is to be made and the decision shall be received on April 1, 2015, and the above decision was served on the defendant on April 3, 2015.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The plaintiff's assertion and its determination are not only the subcontractor of the construction work in Gyeyang-gu Incheon Gyeyang-gu, but also the subcontractor of Skyton S&C or SkelC Co., Ltd., and as the company in fact is the same with EkelM and the above PkelC. Thus, EkelM claims against the defendant for the payment of the above money as the collection authority.
In light of the whole purport of the pleadings, the defendant is in the operation Dong of Gyeyang-gu Incheon on May 9, 2014, taking into account the descriptions of evidence Nos. 4 through 6, and Nos. 1 through 4.