추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Evidence 【Evidence】 1, 2, A3-1, 2, and 4-1, and 2, and the purport of the whole pleadings;
A. The Plaintiff’s provisional attachment of the Plaintiff’s claim amounted to KRW 56,780,462, and the Plaintiff filed a provisional attachment order on December 8, 2014 (Seoul Southern District Court 2014Kadan8112) against the Defendant by requesting a provisional attachment of the amount of the construction cost claim stated in the attached Table that B (the representative director C; hereinafter “B”) has against the Defendant (hereinafter “instant construction cost claim”). The provisional attachment order was served on the Defendant on January 20, 2015.
B. The Plaintiff’s claim for the construction price as to B shall have a claim for the construction price of KRW 56,780,462 against B and damages for delay calculated at the rate of 6% per annum from August 1, 2014 to March 3, 2015, and 20% per annum from the next day to the date of full payment.
(Seoul Southern District Court 2015dan7354). (C)
On July 1, 2015, the Plaintiff applied for a seizure and collection order with respect to the amount equivalent to the claimed amount among the claim for the construction price of this case that B had against the Defendant based on the original copy of the judgment, and transferred the provisional seizure of KRW 56,780,462 out of the claim for the construction price of this case based on the provisional seizure order against the Seoul Southern District Court 2014Kadan812, and received a seizure and collection order with the purport that KRW 5,361,107 out of the claim for the construction price of this case shall be seized (Seoul Southern District Court 2015Ma10663), and the above seizure and collection order was served on the Defendant on July 7, 2015, and on October 27, 2015, respectively.
2. The allegations by the parties and the judgment of this court
A. (1) The Plaintiff’s assertion (1) as the Plaintiff’s assertion B was contracted by the Defendant and completed the new construction of E on the land outside the wife population D and two parcels, and as such, B has the Defendant’s claim for the construction payment.
(2) B completed the construction before the provisional attachment of the plaintiff's counterclaim, and the defendant completed the construction in this case.