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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On May 3, 2011, the Plaintiff filed a lawsuit against Suwon District Court Branch 2010Gahap16454 (hereinafter “C”), and was sentenced to the judgment that “C shall pay to the Plaintiff 10,1100,000 won per annum from August 11, 2010 to October 29, 201, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive at that time.
B. The Plaintiff applied for a payment order against D Co., Ltd. (hereinafter “D”) seeking payment of KRW 53.9 million out of the above judgment amount and damages for delay on the ground that D is jointly and severally liable for the entire claims and obligations of D Co., Ltd. through division of D’s electrical construction business. The payment order was finalized around that time.
C. Based on the above payment order, the Plaintiff received a seizure and collection order against D’s claim for the construction cost against the Changwon District Court Heading 2012TT 209 (the receipt of January 18, 2012, the reference on January 19, 2012) and support 2012TT 854 (the receipt of March 20, 2012, and the reference on March 26, 2012). The above seizure and collection order was served to Gosung-gun around that time.
The defendant applied for a payment order against D on January 20, 201, seeking payment of KRW 360,000,000 to D and/or KRW 360,000 on December 31, 201 for the reason that the defendant lent the due date for repayment to D on December 31, 2011 without setting an interest rate of KRW 360,000,000 to D and the payment order was issued on February 9, 2012. The above payment order was finalized around that time.
E. According to the above payment order, the Defendant issued a seizure and collection order with respect to the claim for the construction price against D's high-ranking group with the Changwon District Court Heading 2012TTT 1058 (the receipt on April 5, 2012, and the reference on April 5, 2012) upon the above payment order.