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(영문) 광주지방법원순천지원 2016.11.24 2015가단16754

추심금

Text

1. The Defendant’s KRW 23.1 million with respect to the Plaintiff, 5% per annum from October 21, 2015 to November 24, 2016, and the following.

Reasons

1. Facts of recognition;

A. On May 7, 2014, the Korea Development Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with the Defendant Company to accept the part of the soil removal work (hereinafter “instant construction”) from among the construction works of Shin-dong 93-1 New Engine Co., Ltd. (hereinafter “instant construction”) and completed the instant construction as follows.

(1) Construction cost: The construction period of KRW 46 million (excluding value-added tax): From May 21, 2014 to May 25, 2014

B. On May 22, 2014, Defendant Company paid KRW 25 million to Nonparty Company, and on June 20, 2014, the Defendant Company agreed to pay the remainder of the construction cost of KRW 21 million between Nonparty Company and Nonparty Company, a creditor of the Nonparty Company, directly to the Round Co., Ltd.

C. On September 11, 2014, the Korea Transportation Agency received a provisional attachment order under the court 2014Kadan6223 against the Defendant of the non-party company on the basis of the claim against the non-party company (the claim amounted to KRW 36,867,784). The said decision was served on the Defendant on September 12, 2014.

On February 20, 2014, the Plaintiff obtained a provisional attachment order with respect to the instant claim for the construction payment against the Defendant of the non-party company under the credit against the non-party company (the claim amounted to KRW 56,932,440) by the Incheon District Court Branch Branch Decision 2014Kadan224, and the said decision was served on the Defendant on August 19, 2014.

On June 26, 2015, the Plaintiff received a provisional seizure and collection order (hereinafter “the collection order of this case”) from the Incheon District Court Branch of the Incheon District Court on the non-party company based on the claim for the adjudication of delivery of movable property, etc. (the claim amounting to KRW 82,743,644) against the non-party company’s defendant, under the Incheon District Court Branch Branch of the Incheon District Court on the claim for the construction payment of this case against the non-party company under 2015TT6443, and the said decision was served on the Defendant on July 2, 2015.

[Reasons for Recognition] There is no dispute, Gap 1, 2, and 3.