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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 2017, the Plaintiff was awarded a contract with a limited liability company D (hereinafter “Nonindicted Company”) for “E” at the bottom of “E” in the contract amount of KRW 60 million.
B. The plaintiff is against the non-party company as above.
A lawsuit was filed to seek the payment of the unpaid construction cost due to the construction described in the Paragraph (1) (Yanju District Court Decision 2018DaMa2361). On October 31, 2018, the above court rendered a judgment that “Nonindicted Company shall pay to the Plaintiff the amount calculated at the rate of KRW 44,30,000 and the interest rate of KRW 15% per annum from April 6, 2018 to the date of full payment.” The above judgment became final and conclusive around that time.
C. According to the above judgment, the Plaintiff received a seizure and collection order against the Defendant of the non-party company with the amount claimed as KRW 48,745,871, and the Plaintiff was served on the Defendant on December 3, 2018.
In the collection order of this case, “the amount of money until it reaches the above claim amount, from among the construction cost to be received from the defendant after concluding a contract with the defendant for construction of F ship with the defendant and completing the above construction work” is stated as the bonds to be seized and collected.
[Ground of recognition] Facts without dispute, Gap's 2, 3, and 11 (if there is a provisional number, including a lot number), the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion is liable to pay KRW 48,745,871 to the plaintiff according to the collection order of this case and the delay damages.
B. In a collection suit based on the judgment seizure and collection order, the existence of the seized claim should be attested by the Plaintiff, the creditor.
(see, e.g., Supreme Court Decision 2013Da40476, Jun. 11, 2015). With respect to the instant case, the Health Board and the seized claim of the instant collection order constitute a claim for construction work payment under the “F shipbuilding Contract” against the Defendant of the non-party company.