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(영문) 서울중앙지방법원 2018.12.14 2017가합568786
집행문부여에 대한 이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. During the process of the lawsuit on the claim for construction price against the Plaintiff for Nonparty Fembanking Co., Ltd. (1), Nonparty Fembanking Co., Ltd. (hereinafter the Nonparty Co., Ltd) filed a lawsuit against the Plaintiff on the claim for construction price as Seoul Central District Court 2014Gahap513259, and the Plaintiff filed a counterclaim against Nonparty Co., Ltd., as the same court 2015Gahap508579, such as compensation for delay.

On August 27, 2015, “the plaintiff shall pay to the non-party company KRW 6,34,153, and the non-party company shall pay to the plaintiff 779,882,400 and 773,538,247, 6% per annum from February 5, 2015 to August 27, 2015, and 20% per annum from the next day to the day of full payment.”

(2) On May 19, 2017, the Seoul High Court 2015Na2050703 (principal claim) and the Seoul High Court 2015Na2050710 (Counterclaim) that the Plaintiff appealed against the above judgment of the first instance, the non-party company paid to the non-party company 674,625,932 and interest calculated at the rate of 15% per annum from December 4, 2013 to May 19, 2017 and interest calculated at the rate of 6% per annum from the next day to the day of full payment. The non-party company paid to the Plaintiff the amount of KRW 385,407,00 and interest calculated at the rate of 6% per annum from February 5, 2015 to May 19, 2017 to the day of full payment (hereinafter referred to as “the judgment below”).

(3) On the instant judgment, the Plaintiff and the Nonparty Company filed a final appeal with the Supreme Court Decision 2017Da238318, 2017Da238325 (Counterclaim) and continue to exist.

B. The seizure and collection order against the instant claim, issuance of the succeeding execution clause against the Defendants, and the non-party title industry corporation, C, D, E, and the Defendants, the creditor of the non-party company, are listed in the attached list as to the non-party company’s claim for the construction price with declaration of provisional execution against the Plaintiff (hereinafter “instant claim”).

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