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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 December 11, 2008, Nonparty B Housing Reconstruction and Improvement Project Association (hereinafter “Non-Party B Housing Reconstruction and Improvement Project Association”) contracted to ELD Construction Co., Ltd. (hereinafter “the instant construction”) for the construction of a ground apartment lot of 35,280 square meters (hereinafter “the instant construction”). ELD Construction subcontracted a reinforced concrete construction to the Defendant on October 1, 2010, and the Defendant sub-subcontracted the construction of YD with the construction of YD as KRW 996,380,00 among the instant construction.
B. The non-party union re-contracted the instant construction project to ELD Construction Co., Ltd. around August 201, when the non-party union defaulted, but the instant construction was suspended from November 8, 2010.
C. On December 15, 2011, the Plaintiff filed a lawsuit seeking payment of service costs as Seoul Eastern District Court 201Kadan73985, and filed a provisional attachment of KRW 33,150,000, out of the subcontract price claim against the Defendant for the instant construction project as Seoul Eastern District Court 201Kadan9845, which was related to the instant construction project, to preserve the aforementioned service cost claim.
(hereinafter “instant provisional seizure”) D.
On March 12, 2012, the Plaintiff was sentenced to a judgment on March 12, 2012, Seoul Eastern District Court 201Da73985, that “Ya Development shall pay 33,150,000 won and 20% interest per annum to the Plaintiff at the rate of 10% per annum from November 19, 2011 to the date of full payment.” The judgment became final and conclusive on April 18, 2012, the said judgment became final and conclusive on April 18, 2012, the Seoul Eastern District Court 2012ta7143 with respect to the Defendant for dry Development related to the instant construction project under the said final and conclusive judgment, and applied for a seizure and collection order with respect to 36,284,179 won among the subcontract price claims against the Defendant for the instant construction project.