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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 3, 2014, the Plaintiff received an order for payment (Seoul Southern District Court 2014j2232) from the Plaintiff for a comprehensive construction for leap base (hereinafter “comprehensive construction for leap base”). On December 3, 2014, the Plaintiff received an order for payment of KRW 31,950,000 to the Plaintiff for 31,950,000 per annum from November 1, 2014 to December 11, 2014, and 20% per annum from the following day to the same day.
B. Execution 1 with respect to the claim against the Defendant of the Master Plan for Construction was executed on January 15, 2015 (hereinafter “instant assignment order”) with the title of the payment order under the preceding paragraph as the Incheon District Court 2015TTTTT1099, and the Defendant as the third debtor, and the debtor filed an application for attachment and assignment of the “32,982,864 won out of the claim for construction cost payment (hereinafter “instant claim for construction cost”) currently and future against the third debtor as the obligor’s construction work is contracted by the Defendant, and the obligor and the Defendant were confirmed on February 17, 2015.”
3) On February 6, 2015, the Incheon District Court rendered a ruling of correction with the purport that “the creditors may collect the seized claims” in the instant decision No. 1, stating that “the creditors may collect the seized claims, in lieu of payment of the above seized claims, shall collect them by the creditors.” (hereinafter “decision of correction of this case”).
(2) On February 10, 2015, the above decision was served on the Defendant. On February 17, 2015, the decision became final and conclusive on February 17, 2015, and on the other hand, the naval system (hereinafter “Settlemental System”) on February 2, 2015, under the Incheon District Court 2015TTB92901, the creditor’s compliance system, the debtor’s comprehensive construction, and the third debtor’s construction, and KRW 165,513,410, out of the instant construction payment claim.