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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 24, 2015, the Plaintiff was issued a provisional attachment order against claims (hereinafter “the provisional attachment order of this case”) with the Defendant’s money up to the claim amount among the Defendant’s claims for the remainder of the construction price payable to C and D under the contract for the Construction Work in Daegu-gun E-gun (hereinafter “instant Construction Work”). The provisional attachment order of this case was sent to the Defendant on June 26, 2015, by the Plaintiff, the Defendant, C, D, the garnishee, the Defendant, the claimed amount of KRW 19,26,26, the seized claim C, and D as the contractor.
B. The Plaintiff filed a lawsuit against C and D claiming rent that “C and D jointly and severally pay to the Plaintiff 19,266,226 won and the amount calculated by the rate of 15% per annum from the next day of the delivery of a copy of the complaint to the day of complete payment.” On September 5, 2015, the decision of performance recommendation was finalized as to D, and on January 21, 2016, the said decision was rendered as above, and on February 13, 2016, the said decision became final and conclusive.
C. On February 25, 2016, the Plaintiff obtained a provisional seizure of KRW 1,70,761 from among the claims for the remainder of the construction costs against the Defendant in C and D related to the instant housing construction construction project, the provisional seizure of KRW 1,700,761 from among the claims for the remainder of the construction costs against the Defendant in C and D related to the instant construction project, on the ground that the enforcement title of the execution recommendation decision and the judgment on C related to D as to performance recommendation as to D and the execution title, and on February 29, 2016, the said order was served on the Defendant on February 29, 2016.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. The assertion and judgment
A. The plaintiff alleged by the parties concerned shall pay the construction price with the defendant for the new house construction work of this case between C and D.