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(영문) 광주지방법원 2016.08.31 2014가단516319

추심금

Text

1. The Defendant’s KRW 93,180,667 as well as the annual rate from June 28, 2014 to August 31, 2016 to the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. On December 27, 2011, the Defendant entered into a construction contract with the east-do Seoul Special Metropolitan City Construction Co., Ltd. (hereinafter referred to as “Seo-do Special Metropolitan City Co., Ltd.”) to the construction cost of KRW 8,288,382,456. The fact that the construction was completed on November 11, 2013 by Nonparty Co., Ltd. is without dispute between the parties, and according to the evidence No. 25, the Nonparty Co., Ltd. (hereinafter referred to as “Seo-do Special Metropolitan City Co., Ltd.”) may recognize the fact that the construction was completed by adding KRW 1,935,437,00 in the process of performing the said construction.

B. According to the evidence No. 1-1, No. 2, and evidence No. 2-1, No. 91,078,000 won as the claim amount, the Plaintiff filed an application for provisional seizure of claims against the Defendant of the non-party company against the Defendant of the above Corporation for provisional seizure of claims against the claim amount up to the above claim amount, and the original copy of the decision was served on the Defendant on December 16, 2013. The Plaintiff filed an order for provisional seizure and collection of claims against the Defendant of the non-party company as to the above Corporation with the claims amounting to KRW 93,180,667 as the claim amount, and the Plaintiff filed an application for provisional seizure and collection order to transfer the provisional seizure of claims up to the above claim amount among the claims against the Defendant of the non-party company against the Defendant of the above Corporation with the claims amounting to the above claim amount to the Defendant on May 9, 2014.

C. Therefore, the Defendant liable for the payment of the construction price to the non-party company according to the above construction contract and additional construction shall be the ratio of 93,180,667 won collected by the Plaintiff under the above collection order, and 5% per annum under the Civil Act from June 28, 2014, which is the day following the delivery of a copy of the complaint of this case to the Plaintiff, until August 31, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of this decision, which is deemed reasonable for the Defendant to dispute as to the existence and scope of the obligation of this case.