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1. The defendant shall pay 32,97,100 won to the plaintiff and 12% per annum from March 14, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On July 8, 2019, the Defendant entered into a subcontract with C (hereinafter “C”) stipulating that the contract amount of reinforced concrete construction (hereinafter “instant construction”) was KRW 405,90,000 (including value-added tax) and the construction period from July 8, 2019 to September 15, 2019. On September 14, 2019, the contract amount was 405,90,000 to KRW 43,400,000, and the construction period was 433,40,000 from July 8, 2019 to September 15, 2019 to October 25, 2019 (hereinafter “instant subcontract agreement”).
B. On September 3, 2019, the Plaintiff received a provisional attachment order on the instant claim for the construction payment amounting to KRW 32,997,100 with the debtor C and the third debtor as the defendant and the claim amounting to KRW 32,97,100 (Cheongju District Court Decision 2019Kadan572), and the provisional attachment order was served on the defendant, who is the third debtor on September 6, 2019.
C. On February 5, 2020, the Plaintiff: (a) obtained a seizure and collection order as to the claim for the construction price of the instant case on the ground that the obligor C and C were the Defendant and the third obligor as the Defendant, and the claim amount of KRW 32,997,100 (the provisional seizure indicated in the above paragraph (b) is transferred to the seizure) with the title of title; (b) received a seizure and collection order as to the claim for the construction price of the instant case (Cheongju District Court Branch 2020TTB084; hereinafter “instant collection order”); and (c) the instant collection order was served on the Defendant, the garnishee, on February 10, 2020.
The Defendant completed the instant construction work at the time of the expiration of the construction period stipulated in the instant contract.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the defendant's collection amount of KRW 32,97,100 according to the collection order of this case and its corresponding amount.