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(영문) 인천지방법원 2020.01.17 2019가단256180

추심금

Text

1. The Defendant’s KRW 72,600,000 to the Plaintiffs and 6% per annum from February 29, 2018 to January 17, 2020, respectively.

Reasons

1. Facts of recognition;

A. On June 22, 2017, the Defendant entered into a subcontract with Nonparty F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and Nonparty G Co., Ltd. on the part of the I new construction works located in Seoyang-gu H (hereinafter “instant construction works”) with respect to the construction period from June 22, 2017 to June 30, 2018 (hereinafter “instant subcontract”). As to the construction period, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with a fixed amount of KRW 1,639,00,000 as contract amount, and KRW 0.1% per day per liquidated damages rate.

B. On August 30, 2017, Plaintiff A received a favorable judgment in favor of Plaintiff A, which states that “The non-party company shall pay to Plaintiff A 15,697,000 won with interest rate of 15% per annum from May 20, 2017 to the date of full payment.” The above judgment became final and conclusive around that time. (2) On December 22, 2017, Plaintiff A entered into an execution title under the Seoul Western District Court Decision 2017TTB1215, as the title of debt claim under the above Section (1) and received a joint and several debt collection order from Nonparty 1, 201, 17,077,47,475 won per annum, and 15% per annum from the date of joint and several debt payment, and Nonparty 3, 201, 3, 201, 301, 201, 301, 2016, 2016, 3016.

2) On December 15, 2017, Plaintiff C with the authentic deed of the Seoul Western District Court Decision 2017TTT No. 201964, Dec. 15, 2017, as the title of execution, KRW 130,00,000 among the instant claim for construction payment.