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(영문) 서울중앙지방법원 2014.09.29 2014가단72256

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,286,718 and the interest rate of KRW 20% per annum from April 23, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On March 18, 2013, the Plaintiff filed an application for provisional attachment of claim amounting to KRW 42,786,718 with respect to the claim amounting to the Defendant of Dodi Integrated Construction Co., Ltd. (hereinafter “Dodi Integrated Construction”), and received a decision of provisional attachment of claim amounting to Seoul Central District Court KRW 2013Kadan715, and the said decision was served on the Defendant on April 11, 2013.

B. On February 7, 2014, the Plaintiff filed a lawsuit for the claim for the purchase of goods with the Seoul Central District Court 2013da88575, and the said court rendered a judgment on February 7, 2014 that “DD Construction shall pay to the Plaintiff 40,286,718 won and the interest rate of 20% per annum from March 16, 2013 to the date of full payment.”

C. On February 27, 2014, the Plaintiff issued a collection and attachment order (hereinafter “instant seizure and collection order”) to the effect that “the claim for the construction cost of this case is transferred to a provisional attachment as Seoul Central District Court 2014TTT 6251, which was based on the above judgment, is transferred to the original attachment of KRW 40,297,718, out of KRW 42,786,718, which was provisionally seized by the provisional attachment order of claim No. 2013Kadan715, which was issued by the above court on February 27, 2014.”

The defendant was served with the seizure and collection order in March 17, 2014.

[Ground of recognition] Facts without dispute, each entry of Gap1-4 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, barring special circumstances, the defendant is obligated to pay the plaintiff the seized claim based on the seizure and collection order of this case and the damages for delay.

B. The judgment of the defendant on the defendant's assertion is KRW 57,194,165, which is the defendant's obligation to construct a DNA comprehensive construction. In addition to the seizure and collection order of this case, other creditors' proposal provisional seizures, etc. are issued.