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1. The plaintiff's claim is entirely dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Factual basis
A. The Plaintiff’s establishment and collection of the Plaintiff’s claim did not receive KRW 47,272,080, out of the amount of paint and paint supplied to the Promotion Co., Ltd. (hereinafter “Promotion”), from October 2014 to May 2015, the Plaintiff filed an application for provisional attachment of the claim against the Promotion Co., Ltd. (hereinafter “AFC”) with the court around June 3, 2015, and received an order to pay the Plaintiff KRW 47,476,60,180 and KRW 47,272,08,00 calculated annually from June 16, 2015 to the date of complete payment.
Promotion was awarded a contract for the installation work, etc. of a gymnasium within the two gymnasty Industries (hereinafter “instant construction”). On October 19, 2015, the Plaintiff applied for an order for the payment of the collection amount to the Amnas industry upon receiving the order for the seizure and collection of the claims on October 19, 2015, designating the Amnasty industry as the third obligor.
A. The C&C industry had a liability for the construction cost equivalent to KRW 155,086,00 for the promotion of the instant project, but filed an objection against the said payment order on the ground that it was fully paid to the Defendants to whom the claim was transferred from the promotion.
B. With respect to the establishment of the Defendants’ claim and the instant construction, around March 1, 2015, the Defendants supplied the steel materials equivalent to KRW 99,407,673 of the total amount of KRW 99,407,673, and received KRW 44,673, out of the claims against the Ghana Industry as of May 29, 2015. ③ Defendant B was awarded a subcontract for the accusation work from the Promotion, and provided equipment and services equivalent to KRW 11,880,000 from April 1, 2015 to May 2015, and received KRW 11,880,000 from June 1, 2015 to transfer KRW 11,880,000 among claims against the Ghana Industry; ③ Defendant C was supplied from December 29, 2014 to the Promotion Team’s total amount of KRW 15,015,005,000 from May 15, 2015.