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1. The judgment of the first instance, including any claims added by this court, shall be amended as follows:
The plaintiff's claim.
Reasons
1. Basic facts
A. The Plaintiff filed an application with the Daejeon District Court for a payment order with the purpose of the construction machinery contracting and leasing business, and with C Co., Ltd. (hereinafter “C”), the Daejeon District Court rendered an order for payment of usage fees of KRW 27,200,000, and the said court issued a payment order on October 12, 2017, stating that “C shall pay to the Plaintiff 6% per annum from October 1, 2017 to November 7, 2017, and 15% per annum from the next day to the date of full payment.” The said payment order was finalized on November 22, 2017.
B. On December 18, 2017, the Plaintiff, with the title of execution of the above payment order, issued a seizure and collection order (hereinafter “instant collection order”) with respect to the construction cost claim against the Defendant regarding the construction work of a new factory on the ground of the wife population D as the Seosan Branch of the Daejeon District Court 2017TTTTT 2017TT 52510, with the amount of claim KRW 27,659,550, and C received a seizure and collection order (hereinafter “instant collection order”), and the above order was served on the Defendant on the 21st of the same month.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The parties' assertion and judgment
A. As to the claim for collection, the Plaintiff asserts that according to the instant collection order, the Plaintiff is obligated to pay to the Plaintiff the remainder of KRW 2,550,000,000,000,000,000,000,000,000,000 for the payment order, plus KRW 2,72,52,00,000,000,000,000,000 for the additional equipment usage fee, out of the construction price obligation to be paid by the Defendant to C pursuant to the instant collection order. Accordingly, the Defendant asserts that, on November 2, 2017, C renounced the construction of the instant plant and gave up its progress, and that the unpaid claim against C at the time of delivery of the instant collection order does not remain, and thus, C’s request cannot be complied with. 2) The collection