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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Reasons
1. Basic facts
A. On August 29, 2017, the Defendant and the Intervenor joining the Defendant (hereinafter “ Intervenor”) and D (hereinafter “D”) concluded a fund management agency contract (hereinafter “instant fund management contract”) in the course of promoting the new construction industry of apartment complexes in the regional housing association C.
The Fund Management Contract of this case includes the same contents as the attached Form.
(However, in the attached Form, “A” means the Intervenor; “B” means the Defendant; “A” means the Defendant; and “B” means the said regional housing association’s new construction project.
The Plaintiff filed an application against D for payment order seeking payment of the unpaid construction price and damages for delay related thereto.
On March 28, 2018, the court (Seoul Central District Court 2018Guj1030498) accepted the Plaintiff’s application for the payment order, and D issued the payment order stating that it shall pay to the Plaintiff 1,176,450,000 won and damages for delay at the rate of 15% per annum from the day following the day when the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”). The original copy of the instant payment order was served on D on April 2, 2018, and the instant payment order became final and conclusive on April 17, 2018.
C. On August 14, 2017, the Plaintiff filed an application for provisional attachment against D’s claim against D’ as the obligor, the Defendant as the third obligor, and the “construction cost due to the E Design and Construction Work Contract,” and filed an application for provisional attachment against D’s claim against the money up to KRW 1,176,450,000, out of the Plaintiff’s agency debt to be paid by the Defendant as the Intervenor’s agent.
On April 9, 2018, the Seoul Central District Court (Seoul Central District Court 2018Kadan804759) decided provisional seizure of claims that include provisional seizure of claims in the amount of KRW 1,176,450,000.
The original copy of the provisional attachment decision was served on April 12, 2018 on the defendant. D.
The plaintiff is based on the original copy of the payment order of this case and based on the provisional seizure order of this case.