추심금
1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from May 27, 2014 to the day of complete payment.
1. The Plaintiff, premised on the premise, filed a lawsuit on the loan claim against B with this court under the 2013da50478, and sentenced that “B shall pay to the Plaintiff 60,000,000 won and the amount calculated by the rate of 5% per annum from April 1, 2012 to March 26, 2013, and 20% per annum from the next day to the date of complete payment.” The said judgment became final and conclusive around that time.
B entered into a contract with the Defendant for the removal of earth and sand (hereinafter referred to as the “instant construction”) among the new construction works, Co., Ltd., Ltd. in the Jeonbuk-gun, Jeonbuk-gun, with the total construction cost of KRW 269,50,000 (including surtax), and completed the said soil and sand removal work.
The Plaintiff filed an application for provisional seizure of claim amounting to KRW 60,000,000 among the claim for the construction payment due to the instant construction works, which the obligor B had against the Defendant by the Defendant at this court No. 2013Kadan260, and received a decision of provisional seizure of claim from the same court on February 21, 2013 (hereinafter “the provisional seizure order of this case”). The provisional seizure order of this case was served on the Defendant, the garnishee, at around 10:00 on February 22, 2013.
On May 7, 2014, the Plaintiff received from this court a collection order for the transfer of the provisional seizure based on the provisional seizure order of this case to the original seizure from the court under 2014TT2572, and around that time, the above seizure and collection order was served on the Defendant, who is the debtor B and the third debtor, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 8, 9, evidence 10-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion is the collection creditor who claimed payment of KRW 60,000,00 among the claim for construction cost due to the construction work in this case against the defendant as the collection creditor B, and the delay damages therefor.
3. Determination
A. According to the facts of the establishment of the claim for construction cost and the recognition of the collection order as above, B has the claim for construction cost arising from the instant construction work against the defendant, and the plaintiff has the claim for construction cost of KRW 60,000,000 out of the above construction cost claim.