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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff is the Seojin Comprehensive Construction Co., Ltd. (hereinafter “Seojin Comprehensive Construction”).
2) On the other hand, the 61,603,079 won judgment based on the executory exemplification of the judgment in the case No. 2014Gadan252 against the Changwon District Court. 2) On the other hand, the Seojin General Construction has a claim against the Defendant for the cost of construction of officetels B on the other hand.
3) Accordingly, the Plaintiff’s claim to seize and collect the Defendant is a claim of KRW 61,603,079 out of the construction price to be paid by the Defendant to the Seojin integrated Construction, and the Busan District Court Order of Claim Seizure and Collection (hereinafter “instant order”) issued under the Busan District Court Order 2015TT4265.
(4) The Defendant is obligated to pay to the Plaintiff the collection amount of KRW 61,603,079 according to the instant order.
B. 1) Determination 1) As to whether Seojin Construction has a claim for construction payment against the Defendant, there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it, the Plaintiff’s assertion cannot be accepted. Meanwhile, the Plaintiff did not comply with notification procedures under Article 238 of the Civil Execution Act in filing a lawsuit for collection of this case.
2. Conclusion, the plaintiff's claim is dismissed as it is without merit.