beta
(영문) 춘천지방법원강릉지원 2017.12.05 2017가합202

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 416,764,227 and the interest rate of KRW 15% per annum from April 14, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 11, 2017, the Plaintiff filed a lawsuit claiming an agreed amount against B on September 28, 2016, and filed a lawsuit against B, “B shall pay to the Plaintiff the amount equivalent to KRW 197,800,000 and the annual interest rate of KRW 20% from July 28, 2011 to the date of full payment” was sentenced to a judgment by service (this Court Decision 2016No. 6046). The said judgment became final and conclusive on February 1, 2017.

B. Meanwhile, on March 15, 2011, B filed an application for a payment order with the Defendant stating that “B shall pay the construction cost of KRW 720,000,000 and delay damages therefor” against the Defendant, and received a payment order with the same content as that of March 17, 2011 (Seoul District Court Decision 201j98, 5 April 201, 201).

C. On June 26, 2015, the Plaintiff received a decision on provisional seizure of the claim for the construction price against B against the Defendant (the claim amount: KRW 197,80,000,000 as determined by this Court Decision 201Gahap4936, and delay damages, claim amount: KRW 347,580,000).

On February 6, 2017, the Plaintiff: (a) filed an application for the seizure and collection order to transfer the provisional seizure to the provisional seizure under the court 2016TTT364; and (b) on February 7, 2017, the provisional seizure order was issued on KRW 416,764,227 (the sum of the claim amount under this Court 2016da6046 and the principal and interest thereon from July 28, 201 to February 5, 2017). (c) On February 7, 2017, the Plaintiff transferred the provisional seizure of KRW 347,580,000 among the above construction price claims under the provisional seizure order by this court 2015Kadan605, and seized the remainder of KRW 69,184,227, the collection order was issued.

E. On March 8, 2017, the instant order of seizure and collection was served on the Defendant.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1, 2, and 3, and the ground for appeal

2. According to the above facts of determination as to the cause of the claim, the defendant's collection amount of KRW 416,764,227 based on the collection order based on the seizure and collection order of this case and this case.