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(영문) 인천지방법원 2018.11.22 2018가단16460

추심금

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1. The Defendant’s KRW 80,522,310 for the Plaintiff and KRW 5% per annum from June 6, 2018 to November 22, 2018.

Reasons

1. Facts of recognition;

A. On June 15, 2016, the Burial Construction Co., Ltd. (hereinafter “Towing Construction”) concluded a contract with the Defendant for the construction cost of KRW 50,00,000 (including value-added tax) for the construction cost of the building project for the Nam-gu Incheon Metropolitan City B neighborhood living facilities (hereinafter “instant construction”) and the construction period from June 16, 2016 to November 15, 2016; the rate of liquidated damages for delay was 1/100 of the total construction cost per day, and the Plaintiff was subcontracted for the construction of the creative part of the instant construction.

B. The Plaintiff filed a provisional attachment order on June 13, 2017, with the Seoul Western District Court 2017Kadan1383 with the claim amounting to KRW 85,00,000 for the construction cost of the wedding Construction as the claim amounting to KRW 85,00,000 for the instant claim for the construction cost, and received a provisional attachment order on June 13, 2017. The provisional attachment order was served on the Defendant, a garnishee, the debtor on June 15,

(hereinafter “instant provisional seizure”) C.

On April 27, 2018, the Plaintiff filed a lawsuit for the payment of construction cost as Seoul Western District Court Decision 2017Da12502, and received a favorable judgment against the Plaintiff on March 21, 2017 to June 29, 2017, stating that “The construction of a wedding shall pay to the Plaintiff 85 million won and the interest calculated at the rate of 5% per annum from March 21, 2017 to June 29, 2017, and 15% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive around that time.

The Plaintiff filed an application with the Seoul Western District Court 2018TTT 4542 for the seizure and collection order of the obligation to transfer the provisional seizure to the provisional seizure upon title, and on May 11, 2018, the Plaintiff received the seizure and collection order of the obligation to transfer the provisional seizure of KRW 85,00,000 to the provisional seizure, and to seize KRW 12,182,376 for delay damages incurred therefrom. The Plaintiff received the seizure and collection order of the claim, and the Defendant, the garnishee, on May 17, 2018.

[Ground of recognition] No dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' arguments.