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1. The defendant's appeal is dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On April 23, 2014, the Plaintiff was sentenced to the Seoul Southern District Court Decision 2014Kadan4518 (hereinafter “new Construction”) on the Plaintiff’s claim for construction cost, etc. against E.S. and the Seoul Southern District Court rendered a judgment on April 23, 2014 that “new Construction shall pay to the Plaintiff an amount equivalent to 66,00,000 won and a rate of 20% per annum from February 4, 2014 to the date of full payment,” and the above judgment was finalized on May 16, 2014.
B. 1) On May 12, 2014, based on the executory exemplification of the judgment rendered above 2014Kadan4518, the Plaintiff: (a) based on the executory exemplification of the judgment rendered on May 12, 2014, the amount claimed by the Cheongju District Court was KRW 48,760,642, which was KRW 48,760,642, and the claim for the value of the goods and the payment of the construction against the Defendant, the Plaintiff seized the claim and the collection order (hereinafter “instant
(2) On June 23, 2014, the Plaintiff notified the Defendant that the instant collection amount should be paid according to the instant seizure and collection order (hereinafter “the instant collection order”), and notified the Defendant that the instant collection amount should be paid by April 10, 2015, and on April 3, 2015, the instant collection order should be paid by April 2015.
3) On April 1, 2015, the Defendant responded to the Plaintiff on the instant request for the payment of the collection amount, stating that “When there exists any seizure, provisional seizure or demand for distribution from other creditors, the amount already collected shall be deposited and the distribution shall be distributed in proportion to the ratio of the amount of credit with other creditors.” (C) The Defendant entered into the instant subcontract on February 20, 2013, and the “Atop Corporation from among the Atop Corporation (hereinafter “instant subcontracted Corporation”).