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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. The plaintiff is a company that conducts landscaping planting business, etc., and the defendant is the council of occupants' representatives consisting of the same representative of the YMM in the old-si dong-dong, the old-si, the old-si, the old-si.
B. On November 20, 2009, the Defendant entered into a contract for the repair of defects of the apartment in this case with the Jindo Industrial Co., Ltd. (hereinafter “Gindo Industrial”).
C. On March 21, 2011, with respect to the Plaintiff and the said construction work, pertaining to planting planting trees in a complex, the Rose of Sharon industry entered into a subcontract with the construction period of KRW 253,00,000 (including value-added tax) from March 21, 2011 to April 10, 2012.
(hereinafter “instant construction”) D.
In relation to the instant construction project, Jindo Industries paid KRW 20 million to the Plaintiff as advance payment on March 22, 2011. On behalf of the Jindo Industry, the Defendant paid KRW 10 million on November 30, 201, KRW 20 million on July 5, 2012, and KRW 20 million on July 6, 2012 to the Plaintiff.
E. On June 5, 2011, the Plaintiff completed the instant construction work.
F. On July 28, 201, the Plaintiff was issued a provisional attachment order of the claim that provisionally seizes KRW 233,000,000 among the claim for the repair of defects against the Defendant of the Jindo Industry as Seoul East Eastern District Court 201Kadan5711 (hereinafter “instant provisional attachment order”). The original copy of the instant provisional attachment order was served on the Defendant on August 1, 2011.
G. On January 22, 2013, the Plaintiff: (a) based on the executory payment order issued by the Seoul Northern District Court Decision 2012 tea6124, the Seoul Northern District Court (Seoul Northern District Court Decision 2013Ma1051, the Plaintiff issued the instant collection order to KRW 9,257,753, out of KRW 233,00,00, which was attached pursuant to the provisional attachment order issued by the Seoul Eastern District Court (hereinafter “instant collection order”).