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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. On October 29, 2010, S branch Construction Co., Ltd. (hereinafter “S branch construction”) entered into a contract for construction work with the Defendant (hereinafter “instant contract”). On November 29, 201, 200, the contract amount of 2.982 million won (including value-added tax) and construction period from November 201 to September 201, 201, the Plaintiff filed an application for payment order against S branch of the Gwangju District Court Mapo-Gun District Court 2012 tea150 (hereinafter “instant contract”). On May 2, 2012, the said court issued an order to pay the Plaintiff 5,419,560 won and the amount calculated at the rate of 20% per annum from the day following the delivery of the original payment order to the Plaintiff, and the original payment order was served on May 24, 2012.
C. On May 7, 2012, the Plaintiff received a decision on provisional seizure of claims, based on the claim amounting to KRW 55,419,560, among the claim for construction price under the instant contract against the Defendant, from the Gwangju District Court Branch Branch Decision 2012Kadan152, May 7, 2012, and the original copy of the said decision on provisional seizure of claims was served on the Defendant on May 9, 2012.
Then, on December 18, 2013, the Plaintiff: (a) based on the executory order of payment for the claim for the purchase price of KRW 2012 tea150 from the above Young-gun District Court Decision 2013TY Court Decision 2013TAY Court Decision 2013TYY 5539, the Plaintiff: (b) based on the executory order of payment for the claim for the purchase price of KRW 73,593,79 ( Of them, the claim amount of KRW 55,419,560 for the provisional attachment of the claim No. 2012Kadan1152, which was transferred to the original attachment); and (c) based on the seizure and collection order of the instant case.
(D) On December 19, 2013, the above decision was served on the Defendant. On the other hand, SP case received a total of KRW 1.8 billion from December 21, 2010 to March 16, 2012 from the Defendant as the construction price under the instant contract. There is no dispute over the grounds for recognition.