추심금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On November 8, 2017, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) under which the construction of new accommodation facilities (excluding metal windows, glasss, and construction works, as well as civil engineering works incidental to landscaping and access roads; hereinafter referred to as “instant construction works”) located in Chungcheongnam-gun, Seoul-do, for the construction cost of KRW 1,458,70,000, and for the construction period from November 15, 2017 to April 30, 2018.
(hereinafter “instant construction contract”). B.
C During the construction of the instant construction, the construction of the soil, the foundation, and the floor-building of the second floor was suspended on May 2018. At the time of the discontinuance of the construction, the construction of the instant construction was discontinued on May 2018. At the rate of the height of the entire construction, the construction of the base was KRW 27.74%, and the construction of the base and the construction of the second floor was KRW 4
C. Meanwhile, until around November 24, 2017, the Defendant paid C an advance payment of KRW 100,000,000,000, the second progress payment of KRW 95,000,000 on February 9, 2018, and KRW 100,000,000, which is a part of the third progress payment on April 20, 2018.
On July 25, 2018, the Plaintiff was issued a collection order (hereinafter “instant seizure and collection order”) by a notary public with respect to the Plaintiff’s claim for loans of KRW 118,833,520 against the Plaintiff as KRW 120,477,60 (interest of KRW 118,83,520 and delay damages) based on the Notarial Deed No. 696, 2018, the Plaintiff received a collection order (hereinafter “instant seizure and collection order”) for the amount from among the claim for construction payment to be paid by the Defendant pursuant to the instant construction contract, which is the claim amount of KRW 118,83,520 from the Defendant pursuant to the instant construction contract.
The original copy of the instant seizure and collection order was served on July 27, 2018 to the Defendant, who is the garnishee.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1, 2, Eul evidence No. 2, and the result of the appraisal commission to appraiser F by the court of first instance, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendant shall be C's unless there are special circumstances.