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1. Of the judgment of the court of first instance, the objection is raised against the original of the payment order finalized by Seoul Southern District Court 2016 tea699.
Reasons
1. Facts of recognition;
A. On August 29, 2016, the Plaintiff filed an application with the Seoul Southern District Court for the instant payment order against the Defendant for the payment of the respective goods supplied at the J Corporation site and the K Urban Residential Housing Construction Site and the payment for its delay damages, demand procedure expenses, etc. On August 29, 2016, the Plaintiff received the instant payment order with the purport that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from September 3, 2016 to the date of full payment, the amount calculated at the rate of 91,760,000 to the Plaintiff and the expenses for demand procedure 71,300 won per annum from September 3, 2016.”
B. The instant payment order was served on September 2, 2016 on the Defendant, and it became final and conclusive on September 20, 2016 due to the Defendant’s no objection thereto.
C. On January 17, 2019, the Plaintiff, as executive title, designated the original copy of the instant payment order as “the claim for construction price related to M&A” against L Co., Ltd. (third debtor; hereinafter “third debtor”) and received the attachment and assignment order (hereinafter “instant attachment and assignment order”) regarding “the claim for construction price related to M&A” against the Defendant’s L Co., Ltd. (third debtor; hereinafter “third debtor”) within the scope of its amount by specifying the claim amount of principal and interest from the Busan District Court Branch Branch Branch of 2019TTT as “the claim for construction price related to M&A” (hereinafter “instant attachment and assignment order”).
The instant attachment and assignment order was served on the garnishee on January 22, 2019, and was finalized on February 15, 2019.
E. On March 5, 2019, the garnishee served a provisional attachment order issued by N in addition to the instant attachment and assignment order with respect to the said claim for the construction price, and deposited KRW 123,271,469 as the total amount of monetary claims related to attachment on the ground of competition with the deposit office of the Seoul Central District Court by 2019Hun-5388.
The third debtor filed a report of the reasons for deposit with the court on March 7, 2019, when the distribution procedure was implemented as anO of the Incheon District Court's Busan District Court's Branch branch branch.