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1. The Defendant’s KRW 314,643 as well as 5% per annum from November 5, 2015 to April 8, 2016 to the Plaintiff.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be admitted by taking into account the whole purport of the pleadings in each entry in Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, 4, and 6:
Litigation 1) Chang Sea Construction Co., Ltd. (hereinafter referred to as “original Sea Construction”) between the Defendant and Chang Sea Construction Co., Ltd.
(3) In the case of Ulsan apartment construction works executed by the Defendant under a subcontract from the Defendant as Busan District Court Decision 2013Ga71162, the Defendant’s claim for construction cost, damages for delay of construction cost, bill discount charge, and damage claim due to delay of construction (hereinafter referred to as “separed claim”) is referred to as “separed claim” in this context.
2) The action seeking payment (hereinafter referred to as “related action”) is
(2) On April 30, 2015, the lower court ordered the Chang Sea Construction to pay KRW 20,508,000 (hereinafter “the instant claim”) of the damages for delay against the construction price, out of the seized claims, and the said judgment became final and conclusive on May 27, 2015 without both appeals.
(hereinafter referred to as the “relevant judgment”). B.
The Plaintiff’s seizure and collection order 1) On November 25, 2014, when the pertinent lawsuit was pending, the Plaintiff is the Busan District Court Order 2014TTTT2929, which held the amount of the claim for the seized claim KRW 187,00,000 as the title of execution with a notarial deed with the executory power of No. 528, 209, and No. 2175, 2009, which was executed by a notary public on November 25, 2014, when the pertinent lawsuit was pending (hereinafter “instant seizure order”).
(2) Upon receipt of the instant seizure order, the Defendant, the garnishee on November 27, 2014, was served on the Defendant, who was the garnishee on November 27, 2014. (2) When the relevant judgment was pronounced and finalized as above, the Plaintiff was rendered on May 27, 2015, the Busan District Court held that the amount claimed as to the claims subject to seizure under the instant seizure order was KRW 187,00,000.