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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. When the Plaintiff supplied oil, etc. to Nonparty C who runs the business with the trade name of “B” and could not receive the price of supply, the Plaintiff filed a lawsuit against “B” as Seoul Eastern District Court Decision 2013Kadan14089, and the said court rendered a judgment on June 25, 2013 that “C shall pay to the Plaintiff 34,347,785 won and the amount calculated by the rate of 20% per annum from the next day to the day of complete payment” (hereinafter “instant judgment”).
B. The Plaintiff, as Seoul Eastern District Court 2013Kadan105, KRW 34,347,785, against the Defendant Union, was granted a provisional attachment order against the claim for the construction cost that C had against the Defendant Union, a third debtor, at the construction site of Seongdong-gu Seoul, for the removal of the goods at the construction site of Seongdong-gu Seoul Metropolitan Government (excluding the part of the claim prohibiting seizure under Article 88(1) of the Framework Act on the Construction Industry; hereinafter the same shall apply). The provisional attachment order was served on the Defendant Union on January 16, 2013.
After the judgment of this case was rendered, the Plaintiff received a provisional attachment and a collection order as to the claim for construction cost related to the construction site A against the Defendant Partnership as KRW 36,354,626 of the Seoul Eastern District Court (Seoul East District Court 2013TTT13TT1). The Plaintiff received a provisional attachment and a collection order as to the claim for construction cost related to the construction site A, and served the Defendant Partnership on August 9, 2013.
C. In addition, the Plaintiff, with the instant judgment as the executive title, received the order of seizure and collection as to the claim for the construction cost to be paid by C to the said Defendants, who were the garnishee, as the claim amounting to KRW 36,813,183 by the Seoul Central District Court 2013TTT27499, and as against the Defendant Dae-ro Public and Non-Jenna, the Plaintiff received the order of seizure and collection as to the claim for the construction cost to be paid by the said construction site A, which was held against the said Defendants, as the garnishee. The said order was served on Defendant Dae-ro Public and Non-Jenna on September
On the other hand, however,