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(영문) 창원지방법원 2015.07.07 2015가단1393

추심금

Text

1. The Defendant’s KRW 20,167,765 with respect to the Plaintiff and the ratio of KRW 20% per annum from January 27, 2015 to the full payment date.

Reasons

1. Facts of recognition;

A. On April 10, 2014, the Plaintiff filed a lawsuit seeking the payment of rent, etc. from the Changwon District Court (2014Kadan2832) against the non-party limited partnership S&C (hereinafter “S&C”), and around April 10, 2014, the said court rendered a decision to seek the payment of rent, etc. to the non-party limited partnership (20 million won by May 10, 2014, and where delay, the said court made a decision to seek the payment of unpaid amount at the rate of 20% per annum from the date following the date of payment to the date of full payment.” The said decision to seek the payment of rent, etc. to the non-party limited partnership (2014Gadan2832) was finalized as it is.

B. On the other hand, around January 17, 2014, the Plaintiff provisionally attached KRW 15 million to the Defendant, among the construction cost claims under a subcontract agreement at the construction site of the Busan Shipping Daegu A Ground Tourist Hotel (hereinafter “instant provisional attachment”), and the instant provisional attachment ruling was served around January 22, 2014.

C. Around June 11, 2014, the Plaintiff did not pay KRW 20 million and delay damages pursuant to the decision to interfere with the above conciliation, and the Plaintiff transferred the instant provisional seizure to the Changwon District Court Branch of Changwon District Court as to the instant provisional seizure. Around June 11, 2014, the Plaintiff applied for a seizure and collection order to attach KRW 5,167,765 out of the above construction price claim and transfer the provisional seizure that can be collected to the original seizure, and received the above order from the above court (the Changwon District Court Branch of Changwon District Court 2014TTB2746), and the said decision was served on the Defendant on June 16, 2014.

On November 8, 2013, the Defendant awarded a subcontract for reinforced concrete construction works of B hotel Newly constructed construction works as KRW 440,000,000 (including value-added tax) at the cost of construction of B hotel around November 22, 2014, which increased the construction cost as KRW 514,80,000 (including value-added tax) due to the modification of design around January 22, 2014.

E. The defendant of this case.