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(영문) 인천지방법원부천지원 2016.10.27 2015가단118030

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 58,60,000 and the interest rate of KRW 15% per annum from December 23, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The State Co., Ltd. received a contract from the Defendant for a new construction of a factory building from the Defendant (hereinafter “Nonindicted Company”). As of July 18, 2014, the unpaid construction cost as of July 18, 2014 reaches KRW 120,000 (hereinafter “instant construction cost claim”). B.

The Plaintiff’s provisional seizure against the Plaintiff’s claim amounting to KRW 86,80,000, and applied for provisional seizure against the amount of the claim for the construction cost of this case until it reaches the claim amount. On April 15, 2014, the provisional seizure order was issued on April 15, 2014. The provisional seizure order was served on the Defendant on April 18, 2014.

C. On July 1, 2014, the Plaintiff filed a lawsuit against the non-party company for the claim for construction payment against the Incheon District Court Branch Branch of 2014Kadan26158, and on October 24, 2014, the above court rendered a judgment that “the Defendant shall pay to the non-party company KRW 56,80,000 and delay damages therefor,” and the above judgment became final and conclusive on November 13, 2014.

On April 14, 2015, the Plaintiff, based on the original copy of the above judgment, was issued a provisional attachment and collection order for the claim to be transferred to the provisional attachment as of December 1, 2013 to April 13, 2015, and the above order was served on the Defendant on April 28, 2015, as of 65,184,613 (=56,80,000 won and interest interest of 8,384,613 won from December 1, 2013 to April 13, 2015).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant, as the obligor of the instant claim for construction cost, is obligated to pay to the Plaintiff, as the obligee, the delay damages calculated at the rate of 15% per annum from December 23, 2015 to the day of complete payment, which is the day following the delivery date of the instant claim sought by the Plaintiff.