추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On July 1, 2010, the Defendant entered into a subcontract with a limited liability company A (hereinafter “A”), with the content that the Changjin-gu Seoul Special Metropolitan City Construction Project Development (hereinafter “instant subcontracted project”) performed the Changjin-gu Special Metropolitan City Construction Project (hereinafter “instant subcontracted project”) in the amount of KRW 737,00,000,000 from among the construction works for new ground complex facilities at the Jeonjin-gu Special Metropolitan City Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) by August 31, 2010, and entered into a contract to modify the construction cost on October 20, 2010, with the construction period of KRW 715,000,000 and the construction period of KRW 715,000.
B. On August 20, 2010, the Plaintiff received a sub-subcontract in KRW 127,160,000 from A for the instant subcontracted project (hereinafter “instant sub-subcontract”) and completed all the remainder of the subcontracted project except for a part of the subcontracted project.
C. On November 17, 2010, the Plaintiff received a provisional attachment order on the instant subcontract price claim of KRW 77,160,000 from the Jeonju District Court Decision 201Da5433, Nov. 17, 2010, with the claim amounting to KRW 77,160,000, for the instant subcontract price claim. The said provisional attachment order was served on the Defendant on November 28, 2010.
Accordingly, A filed an objection to the provisional attachment order of the above claim and the Jeonju District Court approved the provisional attachment order of the above claim only within the scope of KRW 75,009,400 on February 23, 2011, and revoked the provisional attachment order of the above claim (hereinafter “the provisional attachment order of this case”). D.
After that, the Plaintiff filed an application for payment order with the Jeonju District Court Kim Jong-si Court 201j103 to A, and on March 10, 2011, the above payment order was finalized on March 26, 2011 as it became final and conclusive on March 26, 2011, with the purport that “A shall pay to the Plaintiff the amount of KRW 75,009,400 and the amount calculated at the rate of 20% per annum from March 12, 2011 to the date of full payment.”
E. On May 11, 201, the Plaintiff is the Jeonju District Court based on the original copy of the above payment order with executory power.