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1. Between the Plaintiff and Defendant B, C, E, F, H, and I, the Southern District Court on September 26, 2017.
Reasons
1. Basic facts
A. From Defendant B Co., Ltd. (hereinafter “Defendant B”), on April 11, 2014, the Plaintiff: (a) received a subcontract for the supply of design drawings, etc. and supplied the said documents, etc.; (b) on June 16, 2014, the Plaintiff received a subcontract for the supply of the said documents, etc. from Defendant B Co., Ltd. (hereinafter “Defendant B”); and (c) received a supply of the said documents, etc. under a subcontract for the survey of the current status after having completed the supply of the said documents, etc.
As Defendant B did not pay the above service cost, the Plaintiff was sentenced to the judgment on January 5, 2018 that “B shall pay the Plaintiff KRW 189,363,00 ( KRW 88,94,000, KRW 100,000) and the delay damages therefor,” which became final and conclusive on January 24, 2018.
B. Meanwhile, on May 22, 2017, Defendant B entered into a contract for construction works (hereinafter “instant contract”) with the Nam-gun and the “L New Construction Project” (hereinafter “instant construction works”) with respect to the construction cost of KRW 822,807,00, and the construction period from May 23, 2017 to October 19, 2017.
C. On the other hand, on May 8, 2017, Defendant B issued a promissory note of KRW 850 million at the face value (hereinafter “instant promissory note”) to Defendant C with respect to the future claim for construction cost against Defendant B, Nam-gun under the instant contract (hereinafter “instant claim for construction cost”). On the other hand, Defendant B drafted and issued a notarized deed of promissory note No. 669, 2017 (hereinafter “notarial deed of this case”) to the effect that compulsory execution would be acknowledged if the payment of the said note is delayed.
Defendant C, on May 17, 2017, issued a seizure and assignment order on the instant claim for a promissory note gold claim based on the instant authentic deed (hereinafter “instant assignment order”) against Defendant B, as the Gwangju District Court Branch Branching 2017TTTT 634, with respect to the instant claim for construction payment claim against Defendant B, and the said order is issued to the Southern-gun on May 17, 2017.