추심금
1. The Defendant shall pay to the Plaintiff KRW 34,213,697 and the interest rate of KRW 12% per annum from August 3, 2019 to the date of complete payment.
1. Facts of recognition;
A. C Co., Ltd (D Co., Ltd.) was awarded a contract with the Defendant for the construction of a new apartment house on the Gyeonggi average E ground from April 15, 2013, and completed the said building on January 19, 2016.
B. On November 26, 2015, the Plaintiff filed a claim against C Co., Ltd. as Seoul Central District Court Decision 2014Da66475, and rendered a favorable judgment against C Co., Ltd. to the effect that “C Co., Ltd. shall pay to the Plaintiff KRW 20,00,000 and interest calculated at the rate of 20% per annum from September 20, 2014 to September 30, 2015, and 15% per annum from the next day to the date of full payment.” While C Co. appealed with Seoul Central District Court Decision 2015Na7239, the dismissal of appeal was declared on August 17, 2016, the lower judgment became final and conclusive on September 9, 2016.
C. On the other hand, the Plaintiff received a provisional attachment order against the Defendant of the Seoul Central District Court 2014Kadan50592 on the claim for the remainder of construction works against the Defendant of the C Co., Ltd., and the provisional attachment order was served on September 24, 2014.
On February 25, 2016, based on an executory exemplification of the judgment in Seoul Central District Court 2014 Ghana6475 subcontract labor cost case, the Plaintiff was as Seoul Central District Court 2016TTT3561 on February 25, 2016.
On February 26, 2016, a provisional attachment of KRW 20 million was transferred to a seizure, and a seizure of KRW 5,320,547 was made, and the above decision was served on the defendant on February 26, 2016.
E. On February 13, 2019, the Seoul Central District Court 2019TTT2403, the Plaintiff received a seizure and collection order as Seoul Central District Court 2019TTT2403, and the Defendant was served on February 18, 2019, with regard to KRW 8,893,150 for delay damages for the judgment amount in the subcontract labor cost case 2014da6475, Seoul Central District Court 2014da6475.
[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence (including the number of each branch); substantial facts to the court; the purport of the whole pleadings
2. According to the above facts of recognition, the defendant collected money from the plaintiff 34,213.