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(영문) 서울동부지방법원 2021.01.12 2019가단147851

추심금

Text

1. The defendant shall pay to the plaintiff 139,755,707 won and 12% per annum from October 21, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On June 20, 2019, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter “Non-Party Company”) for the claim for construction cost as Seoul Eastern District Court 2017 Ghana 138914, and on June 20, 2019, the said court rendered a judgment that the Non-Party Company would pay to the Plaintiff KRW 165,816,50 and delayed damages (hereinafter “instant enforcement title”), and the Non-Party Company appealed and appealed, but all of which were dismissed.

B. Around October 2018, Nonparty Co., Ltd. (hereinafter “instant construction”) contracted the construction of a complex facility on the main surface of Gangdong-gu Seoul Metropolitan Government D with KRW 2,725,000,000 (a separate value-added tax) (hereinafter “instant construction”).

The Plaintiff, based on the title of enforcement of the instant case, received a seizure and collection order as to the claim for the construction price against the Defendant of the non-party company under the Seoul Eastern District Court 2019, and 5562 (hereinafter “instant seizure and collection order”), and the instant seizure and collection order was served on the Defendant on July 19, 2019.

(d)

The Plaintiff filed a claim against the Defendant for a collection amount of KRW 182,520,00 and the Plaintiff claimed damages for delay calculated at the rate of 12% per annum from September 17, 2019 to the date of full payment, following the delivery of a copy of the complaint of this case. On October 20, 2020 during the lawsuit, the Plaintiff received dividends of KRW 66,706,916 as compulsory execution against the non-party company’s deposit claim as the title of enforcement of this case, and received dividends of KRW 23,942,623 among them from September 17, 2019 to October 20, 202, the remainder of KRW 42,764,293 were appropriated to KRW 182,520,520,000, the principal amount of the claim, and the damages for delay from September 17, 201 to the date of full payment.

[Grounds for Recognition] Unsatisfy, Gap 1 to 6 evidence (including branch numbers), Gap 15 and 25 evidence, the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned is the collection money according to the collection order of the instant seizure and collection order.