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(영문) 전주지방법원 2018.06.01 2017가단15630

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 182,850,000 and the interest rate of KRW 15% per annum from July 5, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On February 22, 2014, Nonparty C Limited Company (hereinafter “Nonindicted Company”) entered into a contract with the Defendant to enter into a contract with the terms and conditions that the D Corporation was awarded a contract for construction cost of KRW 236,50,000 (including surtax) (hereinafter “instant contract”).

B. On December 3, 2014, the former District Court Decision 2014Kadan3975 (hereinafter “instant provisional attachment”) issued a provisional attachment order against the Defendant of the non-party company (hereinafter “instant claim for construction price”) with regard to the claim for the amount of KRW 159,830,332 against the non-party company as the claim for the amount of KRW 159,830,332 against the non-party company. The said decision reached the Defendant on December 8, 2014.

C. On March 13, 2017, the Plaintiff filed a lawsuit claiming a contract amount with the Jeonju District Court 2015dan12040 against the non-party company, and sentenced that “the non-party company shall pay 20% interest per annum from April 21, 2015 to September 30, 2015, and 15% interest per annum from the next day to the date of full payment, to the non-party company,” and that “the non-party company shall pay to the Plaintiff 159,830,332 interest per annum and interest per annum from September 30, 2015 to the date of full payment.” Although the non-party company appealed, it was final and conclusive

On March 20, 2017, the Plaintiff received a provisional seizure and collection order (hereinafter “instant claim seizure and collection order”) from the Jeonju District Court 2017TTTT1494, stating that “159,830,332 won following the instant provisional seizure shall be transferred to the original seizure, and the remaining KRW 47,554,996 shall be seized,” and the said order reaches the Defendant on March 22, 2017.

E. Meanwhile, the Defendant paid KRW 23,650,00,00 on March 6, 2014, which was prior to the date of receipt of the instant provisional attachment ruling, to the non-party company as construction cost under the instant contract, after being served with the provisional attachment ruling on August 28, 2014, and KRW 23,650,000 on December 19, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1-2, Gap evidence 2-7, and this court.