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(영문) 서울중앙지방법원 2016.09.08 2015가단147669

추심금

Text

1. The Defendant’s KRW 29,176,00 for the Plaintiff and KRW 5% per annum from July 30, 2015 to September 8, 2016.

Reasons

1. Facts of recognition;

A. On August 26, 2014, the Plaintiff was subject to the Seoul Central District Court Decision 2014Kadan48205 (hereinafter “provisional attachment”) on the claim amounting to KRW 29,176,00,00 of the construction cost claim against the Korea Social Energy Co., Ltd. (hereinafter “Spanish”) as the claim amounting to KRW 29,176,00, and the said Order was served on the Defendant on August 28, 2014.

[debtor: The non-party company, the third debtor: the defendant, the amount claimed: KRW 29,176,00, and the seized claim: the non-party company's construction cost claim against the defendant, such as the facility construction of the YACCP in Gyeongcheon-gun, Gyeongcheon-gun (HACCP) (hereinafter "construction cost claim of this case").

[Attachment]

B. On June 12, 2015, the Plaintiff based on the executory exemplification of the judgment rendered by Seoul Central District Court 2015Ma982 against the non-party company, and based on the Seoul Central District Court 2015MaMa982, the following content: (a) as to the claim for construction cost of this case, the seizure and collection order transferred from the provisional seizure of this case to the seizure of this case; (b) as to the remainder of 895,263 won, the Plaintiff received an additional seizure and collection order; and (c) the above decision (hereinafter “instant seizure and collection order”) was served on the Defendant on June 16, 2015.

[debtor: The non-party company, the third debtor: the defendant, the amount claimed: 30,071,263 won [29,176,00 won (the principal of the judgment above) 895,263 won (interest and delay damages at the rate of 20% per annum from April 16, 2015 to June 10, 2015) and the claim for the construction payment of this case: the claim for the construction payment of this case

C. Meanwhile, as indicated below, the Defendant paid a total of KRW 575,000,000 to the non-party company as the construction price of this case.

KRW 40,000,000 on June 12, 2014, KRW 60,000 on July 1, 2014, KRW 60,000,000 on July 4, 2014; KRW 60,000,000 on July 60, 2014; KRW 60,000 on July 60, 2014; KRW 180,000 on July 31, 2014; KRW 575,000,000 on November 25, 2014; and KRW 50,000,000 on December 5, 2014; and

D. The construction contract of this case between the defendant and the non-party company, which is the basis of the claim for the construction cost of this case, (hereinafter “instant construction contract”).