추심금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination:
A. According to the above facts, the defendant is obligated to pay to the plaintiff the collection amount of this case 33,608,594 won and damages for delay, unless there are special circumstances.
B. The defendant's defense 1) Before being served with the provisional attachment order of this case, the defendant paid A the full amount of the construction cost corresponding to A's flag, and the defendant received a written waiver of the remaining construction and the remaining construction cost from A, and the claims for collection of this case were all extinguished. 2) According to each of the evidence No. 4, No. 2, and No. 8 (including paper numbers) as to the repayment defense, according to each of the evidence No. 1, No. 4, No. 2, and No. 8 (including paper numbers), the defendant paid A the down payment of the construction of this case to A on July 7, 201.
9.8. Payment of KRW 150 million as part of intermediate payment, each of which was made on October 31 of the same year, KRW 120 million as of December 1 of the same year, KRW 17 million as of December 16 of the same year, and KRW 25 million as of December 16 of the same year. The construction price of this case is KRW 500 million as of total ( separate value-added tax). The provisional attachment decision of this case was delivered on January 18, 2012 to the Defendant on January 18, 2012. The Defendant had already paid KRW 420 million as of the construction price of this case to A prior to being served with the provisional attachment decision of this case. The Defendant had already paid KRW 150 million as of the total amount of KRW 150 million as of the construction price of this case (including value-added tax of KRW 462 million as of KRW 150 million = KRW 150 million,000,000.
According to the statements in Gap evidence No. 4 and Eul evidence No. 9 due to the written waiver of 3, it is stated that "A will waive the remaining construction work of this case and will not claim the remaining construction cost to the defendant on January 9, 2012."