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(영문) 대구지방법원 2020.06.04 2019가단113724

추심금

Text

1. The Defendant’s KRW 26,850,953 as well as 5% per annum from April 23, 2019 to June 4, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Although the Defendant was liable to Nonparty D for the payment of the construction cost under the contract for the incineration work at the time of truth-finding. However, in the case of construction cost in Suwon District Court Decision 2016Da14010 decided on April 20, 2017, the Defendant paid KRW 36,000,000 to D; and the Defendant paid KRW 20,000 among them until May 20, 2017, the remainder of KRW 16,00,000 shall be paid in installments until June 20, 2017; if the Defendant delays payment at once, the Defendant shall lose the benefit of time and shall pay the amount payable at a rate of 15% per annum from the day following the day of late payment to the day of late payment. Accordingly, the Defendant’s obligation to D became final and conclusive.

B. The Plaintiff had a claim for wages and retirement allowances against D, but was in the following order and manner.

1) First, the Suwon District Court’s Ansan Branch 2017Kadan1410, D was the debtor and the defendant as the third debtor, and the claim amount was KRW 39,00,000,000, which was issued a provisional seizure order against D’s defendant on the above claim amount among the claim for the construction cost of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail of the e-mail.

3) In addition, on December 29, 2017 with the enforcement title of the said payment order, the Suwon District Court’s Ansan Branch’s 2017TTTT15621, totaling KRW 47,293,120 (principal: KRW 39,00,000, interest: KRW 7,714,520, interest for demand procedure expenses: KRW 247,600, enforcement expenses: KRW 331,00,000 for the Defendant of the said payment order, and the said claim claim amount is equivalent to the above claim amount out of the construction expenses for the said retired housing repair work against the Defendant of D.