추심금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On July 12, 2013, Geumcheon-gu Seoul Metropolitan Government New Construction Corporation (hereinafter “instant Corporation”) entered into a contract with the Defendant for the construction of Geumcheon-gu Seoul Construction Corporation (hereinafter “instant Corporation”) with the construction period of KRW 10,307,00,00 (including value-added tax) from July 22, 2013 to October 31, 2014; and partially carried out the construction work.
(B) A claim for the construction cost of the instant construction project (hereinafter “instant construction cost claim”).
As the Plaintiff did not receive KRW 372,250,00 out of the construction price even after having been awarded a contract for D new construction works from B, the Plaintiff applied for provisional attachment of the claim amounting to KRW 200,000,000 among the claim for the construction price of this case by the Seoul Central District Court on July 15, 2014 (hereinafter “provisional attachment of this case”) and received a decision on July 17, 2014. The original copy was served on the Defendant on July 17, 2014.
C. On September 16, 2014, the Plaintiff received an order to pay the Plaintiff KRW 372,250,000 as Seoul Eastern District Court Decision 201Da6581, and to pay the Plaintiff 372,250,000 with interest rate of 20% per annum from the day following the day of service of the original copy of the payment order until the day of complete payment. The payment order was finalized on October 7, 2014.
The Plaintiff, based on the original copy of the above payment order, received a claim attachment and collection order (hereinafter “instant collection order”) as the Seoul Central District Court 2014TTTT29390 on October 24, 2014 on the amount up to the above claim amount among the claim amount of the construction price of this case as the provisional attachment of KRW 377,349,315 (the provisional attachment of KRW 200,000 was transferred to the original attachment, and the remaining KRW 177,349,315 was seized). The original copy was served on the Defendant on October 24, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 (including documentary evidence with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff.