청구이의
On June 20, 2019, this Court against the plaintiff was based on the payment order in the collection money case 2019j98.
1. Facts of recognition;
A. On August 10, 2018, the Defendant received a provisional attachment order as to the claim for construction price of KRW 26,504,500 against D in order to preserve the claim for construction price of KRW 26,504,500 against D, which D had against the Plaintiff. The provisional attachment order was served on the Plaintiff on August 16, 2018.
B. On August 18, 2018, the Defendant filed an application with D for a payment order with D, and on August 20, 2018, the Defendant issued a payment order stating that “D shall pay to the Defendant the amount of KRW 26,504,500 and the amount calculated at the rate of KRW 15% per annum from September 7, 2018 to the date of full payment,” and the payment order became final and conclusive on September 21, 2018.
(hereinafter “Order No. 1 of this case”)
On November 9, 2018, the Defendant issued a provisional seizure and collection order to the Plaintiff on November 12, 2018, with the claim amounting to KRW 26,961,975, the principal and interest of KRW 26,961,975 upon the instant order of payment order under Article 1 of the instant order of payment as the claim amount. The Defendant received a provisional seizure and collection order to transfer the provisional seizure of KRW 26,50,50 to the principal seizure and seize the remainder of KRW 457,475, among the claim for construction cost according to the provisional seizure order of claim No. 201, the Defendant served on the Plaintiff on November 12, 2018.
(hereinafter “instant collection order”) D.
On February 11, 2019, the Defendant issued a seizure and collection order with respect to the benefit claim that D has against the Plaintiff by using the principal and interest of KRW 28,116,555 according to the payment order under Article 1 of the instant case as the claim claim amounting to the Ulsan District Court 2019TTT168, and issued the seizure and collection order with respect to such claim amount. The Defendant served the Plaintiff on February 14, 2019.
(hereinafter “instant collection order”) E.
On May 24, 2019, the Defendant filed an application with the Plaintiff for a payment order seeking the payment of the collection amount in accordance with the collection order stipulated in the Nos. 1 and 2 of the instant case. In the instant case No. 2019 tea98, Jun. 20, 2019, the Plaintiff was the Defendant 28,116,55 won and the Defendant.