청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 12, 2012, the Defendant applied for a payment order against the Plaintiff as Daegu District Court 2012 tea10522. On November 12, 2012, the said court rendered a payment order (hereinafter “instant payment order”), stating that “The obligor shall pay to the obligee damages for delay at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment, and KRW 271,920 per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment” (hereinafter “instant payment order”). The said original copy of the payment order was served on the Plaintiff on November 16, 2012, and became final and conclusive on December 1, 2012.
On August 21, 2015, the Defendant received dividends of KRW 75,914,284 out of the amount of construction payment of KRW 102,375,900, as a person holding a provisional attachment in the distribution procedure A (hereinafter “instant distribution procedure”).
On December 7, 2016, the Defendant: (a) obtained the original copy of the instant payment order from the Daegu District Court (Seoul District Court 2016TTTTT106263; (b) as the title of execution; (c) the claim KRW 103,594,796 [the principal = 82,79,436 won with interest of KRW 20,638,160 with interest of KRW 20,638,160 with interest of KRW 82,79,436 (i.e., interest of KRW 82,779,436 at a rate of 20% per annum from August 22, 2015 to November 25, 2016] the Plaintiff’s claim for construction payment against the Republic of Korea (construction works for extension of the National Institute of Environmental Research and Water Safety Measurement Center) and received the attachment and collection order (hereinafter “instant claim”).
The Defendant spent KRW 177,200 at its expense in relation to the seizure and collection order of the instant claim.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including branch numbers if there are branch numbers), Eul evidence 1 to 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff alleged that the defendant received the seizure and collection order of this case by designating the original copy of the payment order of this case as the executive title. The defendant received 75,914,284 won out of the claim claim in the distribution procedure of this case, and thus, the seizure and payment order of this case.