추심금
1. The Defendant shall pay to the Plaintiff KRW 107,531,431 and the interest rate of KRW 12% per annum from October 11, 2019 to the date of full payment.
According to Gap evidence Nos. 1 through 3 as the cause of the claim, the plaintiff is obligated to pay to the plaintiff the amount of KRW 107,531,431, out of the claim for the construction price against the defendant (hereinafter referred to as the "claim for the Construction Price of this case") on December 18, 2018 (hereinafter referred to as the "claim No. 107,531,431, among the claim for the construction price of this case"), and to pay damages for delay calculated at the rate of 12% per annum as stipulated in the "Special Act on the Promotion, etc. of Legal Proceedings" from October 11, 2019 to the date of complete payment, as the general successor C received the seizure and collection order of this case on December 24, 2018.
The Defendant’s claim for the instant dispute was settled at KRW 414,622,00,00. Of which, the Defendant’s payment was settled at KRW 110,00,00,00 paid as advance payment, KRW 119,335,498, and KRW 93,401,00 paid as labor costs on November 9, 2018 does not have the effect of the instant claim seizure and collection order, but it was set off by the Nonparty Company as the amount of KRW 11,178,72,00 paid as advance payment, and thus, the Defendant’s collection amount to be paid to the Plaintiff is nothing more than KRW 10,00,000,000,000 paid as advance payment, KRW 119,335,498, KRW 93,401,00, KRW 117,7208,7827,708,708.
The scope of wage claims, the seizure of which is prohibited under Article 88 of the Framework Act on the Construction Industry and Article 84 (1) of the Enforcement Decree of the same Act, is the aggregate of wages specified in the calculation sheet among the contract amount of construction works, which is stipulated in the contract or subcontract document.
Therefore, if the construction contract is terminated in the middle and the settlement agreement for the construction cost is reached, the amount of the wage claim prohibited from seizure among the settled construction cost shall, unless there are special circumstances, be settled among the wage claim stated in the calculation sheet of the contract amount.