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1. The judgment of the first instance court, including the claim of the participant succeeding to the plaintiff by this court, shall be amended as follows.
Reasons
1. Basic facts
A. On September 30, 2017, the Plaintiff entered into a contract with the Defendant and Gwangju Seo-gu D Lodging (hereinafter “instant building”) with respect to civil engineering, fire-fighting, electricity, and printing teams, with the construction cost of KRW 246,400,00,00 for construction period from October 12, 2017 to January 11, 2018, and with the amount of delayed reward rate of KRW 0.00 (hereinafter “instant contract”). On October 30, 201, the Plaintiff paid KRW 8,500,000 for KRW 00, KRW 07, KRW 000 for KRW 8,000 for 00, KRW 07, KRW 2000 for each of the above construction works, KRW 00, KRW 3000, KRW 1000 for 00, KRW 208, KRW 2000, KRW 10,010 for 200,07;
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 10, Eul evidence No. 1, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. 1) When there exists a seizure and collection order against the part of the Plaintiff’s lawsuit in this case, only the claimant may file a lawsuit for performance against the third debtor, and the obligor loses the eligibility to file a performance lawsuit against the seized claim (see Supreme Court Decision 9Da23888, Apr. 11, 200) as the party to the lawsuit (see Supreme Court Decision 9Da2388, Apr. 11, 200). According to the evidence evidence Nos. 11 through 12, the Plaintiff’s successor was issued on Feb. 25, 2020, after the judgment of the first instance was rendered by the Plaintiff, and 53629, from Feb. 25, 2020, the Gwangju District Court 200 to 68,302,947 won among the construction price to be paid by the Defendant pursuant to the judgment of this case. It is recognized that the Plaintiff received the seizure and collection order (hereinafter “the above claims and collection order”) from the Defendant.
In light of the aforementioned legal principles, the Plaintiff’s successor to the health team and the Plaintiff’s successor.