양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The text of the judgment of the court of first instance referred to in paragraph (1).
1. The court of first instance rendered a dismissal judgment on the ground that the collection authority was transferred to A with respect to KRW 4,852,00, among the construction price claims in this case, for which A was ordered to seize and collect a collection order, among the construction price claims in this case. The court accepted the Plaintiff’s claim as to the remainder of the claim, and only the Defendant appealed, and thus, this court is to determine only the part for the Plaintiff
2. Basic facts
A. From September 2013 to December 14 of the same year, the Plaintiff supplied B with construction materials, such as tinboard, etc., and the price for goods not paid by March 14, 2014 is KRW 28,507,935.
B. On December 3, 2014, B transferred KRW 15,300,00 to the Plaintiff the C Hospital Contract Price Claim against the Defendant, and notified the Defendant of the assignment of the claim on December 10 of the same year.
C. The construction cost payable by the Defendant to B at the time of the notification of the assignment of the above assignment of claims is KRW 12,950,000 (hereinafter “instant construction cost claim”).
A also filed an application for provisional attachment of KRW 4,852,00 among the instant claim for construction price of the instant case with the Defendant as the garnishee and rendered a provisional attachment order of KRW 2014Kadan5246 by the Seoul Northern District Court. On October 28, 2014, A filed a lawsuit against B, and subsequently, A filed a lawsuit against B and rendered a final judgment with the Seoul Northern District Court Decision that “B shall pay A 4,852,000 won with the interest of KRW 6% per annum from October 27, 2013 to February 25, 2015, and 20% per annum from the next day to February 25, 2015,” and the said judgment became final and conclusive on August 6, 2015.
E. A requested the Seoul Northern District Court 2015TTT 20646 to order the seizure and collection of the claim. A rendered a decision of the seizure and collection order to transfer the provisional seizure to the provisional seizure.
[Reasons for Recognition] There is no dispute;