추심금
1. The Defendant’s KRW 153,794,402 as well as the Plaintiff’s KRW 6% per annum from February 17, 2015 to May 8, 2015, and the following.
1. The Plaintiff, upon the occurrence of the obligation to pay the collection amount, has a total of the following claims based on the judgment of the Gwangju metropolitan District Court 2014Gahap61793, which was issued by the provisional execution against Sam Young-gu, Seoul District Court 2014Gahap61793, which was issued on February 16, 2015. However, on February 10, 2015, the Plaintiff, as a title of execution, issued a seizure and collection order (as regards KRW 154,794,40, among them, prior to the provisional seizure order of claims delivered on December 9, 2014 to the Defendant on the ground that there is no dispute between the parties concerned, or evidence Nos. 1, 2, 6-1, 6-2, and 2-1, 6-2, respectively, as to the claims for construction of facilities for promotion and science training, which were paid by Sam Young-young Co., Ltd., Ltd. to the Defendant.
According to these facts of recognition, the defendant is obligated to pay the above collection amount and damages for delay to the plaintiff, unless there are special circumstances.
2. The defendant's assertion against the defendant is alleged to have extinguished all the obligation to pay the construction cost to Samyoung Co., Ltd., which was the object of the above seizure and collection order, since the remainder of the construction cost to be paid to Samyoung Co., Ltd. in relation to the above construction work was executed in accordance with Article 248 (1) of the Civil Execution Act, and since it was deposited in accordance with Article 248 (1) of the Civil Execution Act, the above obligation to pay the construction cost was extinguished. However, each of the above evidence Nos. 1 through 9, 11 through 13 (including each number) is insufficient to regard the remainder as only KRW 47,445,383 as the above argument, and there is no other evidence to acknowledge it. Rather, if the remaining construction cost was viewed as only KRW 47,45,383 as well as evidence No. 5 and witness Gap's testimony, it is found that there was a remainder of construction cost exceeding 153,794,402 won, which was collected by the defendant.