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1. The defendant is the Busan District Court 20,490,200 won and the collection amount according to the seizure and collection order of 20,490,200 won according to the collection order.
Reasons
1. Facts of recognition;
A. On April 18, 2013, the Defendant received a provisional attachment and a collection order (hereinafter “instant seizure and collection order”) from the Busan District Court’s Busan District Court’s 2013Kadan3428 on April 18, 2013 on the part of the executory exemplification of the judgment demanding construction cost claim as to B, as to B’s claim for construction cost (hereinafter “instant construction cost”) against the Gangseo-gu Busan District Court’s 2013 Tadan1028 on the part of the Busan District Court, and the Defendant was served on B, a debtor, on April 24, 2013.
B. On April 29, 2013, the Plaintiff received a provisional attachment order of KRW 48,403,90 of the instant construction price claim amounting to KRW 67,603,90,00 from the Busan District Court Decision 2013Kadan3806, and the said provisional attachment order was served on the case B&P, a garnishee, on May 2, 2013.
C. On June 19, 2013, the Defendant received KRW 20,490,200 of the instant construction cost from the KAWP, and on the same day, reported the collection to the executing court.
On August 19, 2013, the Plaintiff: (a) based on an executory payment order for purchase price claim filed by Busan District Court Decision 2013 tea6784, Busan District Court Decision 2013.B; (b) based on the executory payment order for purchase price claim filed by the Busan District Court 2013TTB21123, the Plaintiff was issued a seizure and collection order for the claim amounting to KRW 71,419,353 (principal principal KRW 67,603,90 and damages calculated by the rate of 20% per annum from May 3, 2013 to August 13, 2013). The Plaintiff was served on the obligor on March 3, 2013, which was provisionally seized by the provisional seizure order for claim No. 2013Kadan3806. The remainder of KRW 3,815,453 was seized; and (c) the seizure and collection order was served on the obligor on August 3, 2013.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. Article 236(2) of the Civil Execution Act.