추심금
1. The Defendant: 43,452,394 won to the Intervenor succeeding to the Plaintiff and 5% per annum from August 9, 2018 to November 29, 2018.
1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence Nos. 1 through 9, Gap evidence Nos. 1 and 2, Eul evidence No. 5, and the purport of the whole pleadings.
A. The Plaintiff (Withdrawal) filed a lawsuit against Cheongdong Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) seeking construction cost (construction cost subcontracted to reinforced concrete construction works among multi-household construction works on the land outside the Daegu District Court’s Port Branch Branch of 2017Kadan1828 (hereinafter “non-party Co., Ltd.”) against the non-party Doudong Construction Co., Ltd. (hereinafter “non-party 1”). The said court rendered a settlement recommendation that “the non-party 127,100,000 won shall be paid to the Plaintiff Co., Ltd. by July 31, 2017, the non-party 15% per annum,” and this decision (hereinafter “the previous decision on the settlement recommendation of this case”) did not become final and conclusive by the both parties around the time when both parties raise an objection.
B. Meanwhile, around December 21, 2016, the Defendant awarded a contract to the non-party company with the construction cost of KRW 2,644,390,000 (including value-added tax, KRW 2,908,829,00 if the construction cost was included) for the construction of the accommodation facilities of the 9th class above the ground on the land outside Yongcheon-si, Yongcheon-si, and KRW 14, 201, but the construction was completed, and the registration of preservation of ownership was completed on November 14, 2017 for the building of the 9th class above the ground, and the non-party company had a claim for the construction cost against the Defendant based on the said contract.
C. The plaintiff company (ex officio) has against the defendant with the decision of recommending the previous reconciliation of this case as the executive title.
On August 17, 2017, the Daegu District Court rendered a request for a seizure and collection order against the claim for the construction price under the section, and on August 17, 2017, the claim is seized and seized in the amount claimed to KRW 127,674,562.