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(영문) 광주지방법원순천지원 2015.04.10 2014가단11394

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 52,621,268 as well as 20% per annum from July 1, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff filed an application for provisional attachment of the amount of KRW 46,418,592 against B (hereinafter “B”) at this court as the right to avoid the preservation of the claim for service costs equivalent to KRW 46,418,592 against B (hereinafter “B”), and received a decision of acceptance from the court on October 9, 2012, the original copy of the decision of provisional attachment was served on the Defendant on December 10, 2012.

B. On May 23, 2013, the Plaintiff filed a lawsuit against B on the claim for service costs under this Court’s 2013da3570, and filed a lawsuit against B, and on May 23, 2013, the Plaintiff paid the Plaintiff 50,624,046 won and the interest rate of 20% per annum from April 4, 2013 to the date of full payment. “The judgment was pronounced,” and the above judgment became final and conclusive thereafter.

C. On June 18, 2013, the Plaintiff applied for a provisional seizure and collection order to transfer the provisional seizure to the original seizure under this court 2013TTT 4770, and issued a decision that the provisional seizure from this court against the above KRW 46,418,592 should be transferred to the original seizure, and the remainder of KRW 6,202,676 should be additionally attached to the claim for the construction payment of this case (hereinafter “instant seizure and collection order”). The original copy of the decision on the seizure and collection order was served on the Defendant on June 19, 2013.

On the other hand, B’s contract between the Defendant on January 11, 2012, stating that the instant construction work (including remodeling works) is to be contracted by setting the construction cost of KRW 3.3 billion (including value-added tax) and the construction period from January 13, 2012 to May 10, 2012 (hereinafter referred to as “contract on January 11, 2012”).

Done at this time, the contract was drawn up on January 13, 2012.