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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The confirmation B of the attachment and assignment order of this case filed a lawsuit against Dong (hereinafter “Dong”) for the payment of the full amount of KRW 527,178,600 and KRW 20% per annum from December 13, 2003 to the date of full payment. The above judgment became final and conclusive on May 19, 2004.
B transferred the above judgment claim to the Plaintiff on May 10, 2016, and notified this on the same day.
Based on the original copy of the foregoing judgment, the Plaintiff filed an application with the Seoul Southern District Court 20,000,000 won claim amounting to 220,000,000,000 won with the debtor credit and the third debtor credit, and issued an order of seizure and assignment of claims against the Defendant, who is jointly and severally liable by giving priority payment of the defect bond for construction works, and the damages for delay therefrom, and issued an order of seizure and assignment of claims (hereinafter “instant order of seizure and assignment”) with the same content as the above court on May 12, 2017. The instant order of seizure and assignment was served on the Defendant on May 16, 201, and on May 30, 2017, and was finalized on June 7, 2017.
On September 29, 199, the Defendant entered into a new construction contract with the Korea National Housing Corporation and Ansan-si, Seoul Special Metropolitan City, for the construction of the apartment complex (hereinafter “the apartment of this case”) under the joint supply contract with the new apartment of this case, and agreed to form a joint supply and demand organization with respect to soil, electricity, and fire-fighting construction among the new construction of the apartment of this case.
(hereinafter referred to as “instant contract”). At this time, the Defendant submitted to the Korea National Housing Corporation a joint contract standard agreement with the following contents:
Article 6 (Liability) One member of a joint supply and demand organization shall be against the ordering person.