양수금
1. The Defendant shall pay to the Plaintiff KRW 204,745,953 and the interest rate of KRW 15% per annum from March 12, 2018 to the date of full payment.
1. Basic facts
A. On October 15, 2015, the Defendant subcontracted the construction work of underground parking lot machinery and equipment from October 15, 2015 to January 13, 2018 (the extended period by a modified contract concluded on June 23, 2017), the contract price of KRW 13,529,965,000 for the construction work of underground parking lot among Non-Party Posman Co., Ltd. (hereinafter “Pussman”).
(hereinafter “instant subcontract”). (b)
On April 25, 2017, the Defendant’s assistant intervenor, who is the creditor of Plusman, attached the claims up to KRW 150,00,00 among the claims for construction payment under the instant subcontract against the Defendant of Plusman on April 25, 2017, and the claims up to KRW 36,028,50 among the claims against Plusman for the Defendant of the instant subcontract against the Defendant, and the claims up to KRW 36,028,50 among the claims against the Defendant of Plusman on the non-party Slus Construction Co., Ltd. (Ui District Court Decision 2017Kadan10333) reached the original provisional attachment decision on April 27, 2017, respectively.
C. On July 10, 2017, the Plaintiff entered into a contract to take over KRW 216,017,237 among the claims for the construction payment under the instant subcontract from Plusman, and on the same day, the Plaintiff notified the Defendant, the obligor, of the assignment of the claims on behalf of Plusman, and issued such notification to the Defendant on July 18, 2017.
On October 18, 2017, the Defendant and Plusman agreed to the instant subcontract agreement in KRW 11,635,800,000.
E. On October 30, 2017, the Defendant’s assistant intervenor transferred the provisional attachment of KRW 150,000,000 as above to the provisional attachment, and received a seizure and collection order stating that KRW 48,107,610, out of the claim for construction cost under the instant subcontract against the Defendant by Slusc, U.S. (U.S. District Court KRW 2017TTT 43944), and the original decision reached the Defendant, the garnishee, on October 31, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 are numbers.