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(영문) 서울중앙지방법원 2020.01.30 2018가합523100

추심금

Text

1. The Defendant’s KRW 675,276,382 as well as 5% per annum from April 25, 2018 to January 30, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s decision on the provisional seizure of claims and claims against C Co., Ltd. 1) The Plaintiff around March 5, 2014 (hereinafter “C”).

(C) The Seoul High Court, the appellate court, following the first instance trial, filed a lawsuit on the claim for construction cost, and subsequently rendered a judgment (Seoul High Court 2016Na2079787) that “C shall pay to the Plaintiff 691,607,425 won and the amount calculated at the rate of 15% per annum from June 1, 2013 to October 27, 2016, and the amount calculated at the rate of 15% per annum from the next day to the date of full payment” (Seoul High Court 2016Na2079787). The said judgment became final and conclusive on September 30, 2017 (hereinafter referred to as “the final and conclusive judgment of this case”).

(2) On August 2014, the Plaintiff filed an application for provisional attachment against the Plaintiff’s obligor C as the preserved claim, and the third obligor as the foundation D, by mistake, deemed the contractor of the instant construction contract to be D as the foundation (the same between D and the Defendant’s representative director).

However, as the Incorporated Foundation D is a juristic person separate from the Defendant, the above provisional seizure decision is not effective against the Defendant, but as seen later, the Defendant agreed on the unpaid construction price of the instant construction contract, including the preserved claim under the above provisional seizure decision.

The debtor filed an application for provisional seizure of claims (Seoul Central District Court 2014Kadan1973) against "the amount until it reaches 878,556,350 out of the claim for construction price based on the construction contract as described in paragraph (c)." On August 27, 2014, the above court rendered a provisional seizure order as requested by the plaintiff and served to the third debtor around that time.

B. (1) On January 15, 2018, the Plaintiff filed a claim attachment and collection order against the Defendant under Seoul Central District Court 2018TT No. 2018TT as the execution bond with the final judgment of this case as of January 15, 2018. (2) The above court against the Defendant of C on January 30, 2018.