beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 17, 2014, the Plaintiff received a decision on provisional seizure of each claim (hereinafter collectively referred to as “decision on provisional seizure of this case”) from the Defendant and the Defendant as the garnishee, and the Defendant was served on June 23, 2014 on the Defendant, a debtor, who is the debtor, as the Suwon District Court, 2014Kadan723 and 2014Kadan724 of the Suwon District Court (hereinafter referred to as “C”). The decision on provisional seizure of this case was delivered to the Defendant, the debtor, on June 23, 2014, as the “B-built factory construction works (hereinafter referred to as “instant construction works”).
B. The Plaintiff filed a claim against Suwon District Court for rent for heavy equipment with the Suwon District Court 2014Gaso19900, and the said court rendered a decision of performance recommendation on June 11, 2014 to the effect that “the Defendant shall pay to the Plaintiff KRW 17,421,250, and delay damages therefor,” and the said decision became final and conclusive on July 9, 2014.
C. On July 15, 2014, the Plaintiff was issued a provisional attachment and collection order, which transferred KRW 17,421,250 on the instant claim for the construction price against the Defendant by Suwon District Court 2014T to the Defendant under the Suwon District Court 2014TT 15665, with the title of execution, and the said claim attachment and collection order was served on the Defendant, who is the garnishee, on August 30, 2014.
On September 18, 2014, the Plaintiff filed a claim for rent for heavy equipment with the Suwon District Court 2014Gau15250, Suwon District Court, and was sentenced to the judgment on September 18, 2014 that “C shall pay to the Plaintiff KRW 9,130,000 and delay damages therefor,” and the said judgment became final and conclusive on October 11, 2014.
E. On October 17, 2014, the Plaintiff again received a provisional attachment and collection order (including attachment of KRW 859,330) from the Suwon District Court 2014TTT 23429, which transferred KRW 9,130,000 to the original attachment of the instant claim for construction price against the Defendant as the title of execution. The Plaintiff received a provisional attachment and collection order (including attachment of KRW 859,330).