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1. The Defendant shall pay to the Plaintiff KRW 35,834,946 and the interest rate of KRW 20% per annum from July 29, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On March 1, 2012, the Co., Ltd. and the Defendant and the Co., Ltd. entered into a contract for the work of crushing and screening sand at the site of the Geumdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant contract”).
B. The Plaintiff’s lease expense claim of KRW 111,70,000 to the sub-industry and filed an application for provisional attachment against the Defendant of the virtue industry under the said contract with the Suwon District Court 2013Kadan100144 (hereinafter “instant preserved claim”) and received a provisional attachment order on January 23, 2013. The said decision was served on the Defendant, the garnishee, on January 25, 2013.
C. Since then, the Plaintiff filed an order for payment with Suwon District Court Decision 2013Ra985, which stated that “Cuk Industries shall pay to the Plaintiff 10 million won, 1.3% per month from April 10, 2012 to the service date of the original copy of the instant payment order, and 20% per annum from the next day to the day of complete payment,” and accordingly, upon receipt of the payment order, the Plaintiff applied for the issuance of the order for the seizure and collection of the claim to transfer the provisional seizure to Suwon District Court 2014TTTT10597, and the original copy of the decision was served on the Defendant on May 28, 2014.
After the decision of provisional attachment above, the plaintiff was paid KRW 20 million on April 5, 2013, KRW 10 million on March 1, 2014, KRW 25 million on March 28, 2014, and KRW 45 million on March 13, 2014, respectively, from the defendant who is the debtor of the virtue industry, as the debtor of the virtue industry, and KRW 3385,377 on March 28, 2014, when he/she appropriated the principal and interest to the principal and interest, the plaintiff would remain.
E. After a decision on provisional seizure against the above claim was served on the Defendant, the de facto processing costs claim amounting to KRW 192,75,550 was created against the Defendant, which was the sum of KRW 148,317,620 against the Defendant and KRW 44,457,930 on February 2, 2013.
[Ground of recognition] Facts without dispute, Gap 1 through 11 evidence (including a provisional number) and the purport of the whole pleadings.