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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 24, 2013, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Geumcheon-gu Construction Co., Ltd. (hereinafter “C, C, 1,827 square meters provided by the Defendant, with the content that he/she executes a building project with the second underground floor and the third floor building (total floor area of 3,572.63 square meters) above ground (hereinafter “instant construction contract”).
The construction cost of the instant construction contract was 14,649,300,000 won (per year 4.1 million won), and the construction period was 18 months from the date of actual commencement, and compensation for delay was determined by multiplying the amount of direct construction cost by 1/1,000 for each number of days of delay.
B. On December 15, 2015, the Plaintiff received a favorable judgment from the Seoul Southern District Court (Seoul Southern District Court 2015Da236015) on the Plaintiff’s payment of the amount of KRW 115,013,268 and the amount of KRW 97,148,194 per annum from November 4, 2015 to the date of full payment. The judgment became final and conclusive around that time.
C. Meanwhile, the Plaintiff filed an application for provisional attachment against the Defendant, Seoul Southern District Court 2015Kadan203058, with respect to the claim for the construction cost related to the instant construction contract, with the amount of claim KRW 115,013,268, and the Plaintiff filed a provisional attachment against the Defendant on November 3, 2015, and the provisional attachment order was served on the Defendant on November 5, 2015.
In addition, the Plaintiff filed an application for a seizure and collection order against the Defendant on December 31, 2015, with the Seoul Southern District Court 2015TTTTTT103905, and issued a seizure and collection order against the Defendant regarding the claim for the construction cost related to the instant construction contract with the amount of claim KRW 117,23,983, which is KRW 117,233.93.
However, it is true.