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(영문) 창원지방법원통영지원 2015.11.10 2014가단13333

추심금

Text

1. The Defendant’s KRW 90,000,000 for the Plaintiff and the following: 20% per annum from August 26, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On January 8, 2010, the Defendant is a business executor who has obtained approval from the Do governor of Gyeong-do to develop a C industrial complex on B 1,304,939 square meters in Dong-gu, Gyeong-do and is running the relevant development project (hereinafter “instant development project”).

B. On June 19, 2012, the Plaintiff filed an application for provisional attachment of D’s claim for construction price (hereinafter “instant claim for construction price”) against D Co., Ltd. (hereinafter “D”) with the debtor and the defendant as the third debtor, as the Suwon District Court, An order for the provisional attachment against D’s claim for construction price based on the instant supply and demand agreement related to the development project (hereinafter “instant claim for construction price”). On June 26, 2012, the said court issued a provisional attachment order of the said claim of KRW 394,921,858 (hereinafter “instant provisional attachment order”), and the said provisional attachment order was served on the Defendant around that time.

C. On April 3, 2013, the Plaintiff filed an application against D for a payment order for construction price under the Suwon District Court Branch Branch Order 2013 tea1510, and on April 16, 2013, the said court ordered D to pay the Plaintiff the payment order for KRW 464,902,227 and delay damages for KRW 343,748,707. The said payment order became final and conclusive around that time.

The plaintiff is about D on April 18, 2014.

Based on the payment order stated in the Paragraph, D applied for the seizure and collection order of the claim to the Suwon District Court as the debtor and the defendant as the third debtor under the Ansan District Court Branch 2014TTT 3408, and the above court on April 22, 2014.

The provisional seizure indicated in paragraph (1) is transferred to the main seizure, and the additional seizure of KRW 178,941,263 out of the claim for the construction price of this case shall be made, and the plaintiff may collect the claims transferred or additionally seized (hereinafter referred to as "the collection order of this case"). The above decision was served on the defendant on April 28, 2014.

【Ground of recognition】 Each entry of evidence Nos. 2-1 through 3, and the purport of the whole pleadings.