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(영문) 서울동부지방법원 2017.08.30 2016가단114171

추심금

Text

1. The Defendant’s KRW 103,059,643 as well as 5% per annum from May 24, 2016 to August 30, 2017 to the Plaintiff.

Reasons

1. Basic facts

(a) On January 20, 2014 with respect to the construction for the extension of the friendly source living room (hereinafter “the primary construction”), the Defendant and ① the construction period for the extension of the friendly source living room (hereinafter “the primary construction”), from February 19, 2014 to October 19, 2014 (the date of the first extension completion of construction on December 25, 2014) (including value-added tax), the construction cost of KRW 1,532,157,30 (including value-added tax), ② the construction period for the extension of the 4 multi-purpose living room of the friendly source living room on October 24, 2014 (hereinafter “the second construction”) including the value-added tax on October 27, 2014 to October 31, 2015 (hereinafter “the construction cost”). The construction work period was extended from October 27, 2014 to October 31, 2015 (hereinafter “the second construction work”).

(B) A claim for the construction cost under the above 1 and 2 works is referred to as the "claim for the Construction Cost of this case".

The Plaintiff was not paid KRW 9,150,00 of the construction cost even after completion of the construction work after being awarded a contract for the construction work among the above construction works in the first and second construction works, and the Plaintiff applied for a provisional attachment of the amount up to KRW 9,150,000 among the construction cost claims for the instant construction work amounting to KRW 99,150,000, and received a decision of provisional attachment of claims (hereinafter “provisional attachment of this case”) under the Seoul Northern District Court Decision 2015Kadan20437, March 17, 2015. The original copy was served on the Defendant on March 23, 2015.

C. On May 7, 2015, the Plaintiff filed a claim for construction cost (Seoul Central District Court 2015dan5127615) against the construction of the case.

On February 4, 2016, the court rendered a judgment in favor of the Plaintiff on the following: “Cases construction is KRW 99,150,000, and 20% per annum from June 3, 2015 to September 30, 2015, and 15% per annum from the next day to the date of full payment,” and the judgment on March 26, 2016 became final and conclusive.

On March 28, 2016, based on the original copy of the judgment above, the Plaintiff’s provisional attachment of KRW 112,64,280,000 as the debtor’s case construction, the garnishee’s Defendant, the claimed amount, and KRW 9,150,00.