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(영문) 부산지방법원 2019.04.30 2018가단333094
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 68,463,829 and the interest rate of KRW 15% per annum from February 12, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From October 22, 2016 to April 10, 2018, the Plaintiff supplied C Co., Ltd. (hereinafter “C”) with a total of KRW 316,589,191 drainage pipes, etc., but failed to receive the price of goods, filed an application for payment order with Busan District Court 2018 tea242 seeking payment of the price of goods.

On April 16, 2018, the above court issued a payment order to the Plaintiff, “C shall pay the Plaintiff KRW 316,589,191 and any delay damages therefrom,” and the said payment order was finalized on May 9, 2018.

B. On January 12, 2018, C entered into a new construction contract with the Defendant for a factory located in Busan-gun, Busan-gun, and completed the construction, and upon completion of the construction, C had a claim for the construction cost of KRW 66 million against the Defendant, and KRW 24,463,829 was incurred as additional construction cost. The Defendant on January 4, 2018

2. C paid KRW 22 million out of the total construction cost.

(hereinafter above construction cost of this case) C.

On April 30, 2018, the Plaintiff, as Busan District Court 2018Kahap104, issued a provisional attachment order against C and C as to the instant claim for the construction payment against C and C with the provisional attachment amount of KRW 60 million against the Defendant and the Defendant as the Busan District Court 2018Kahap104, and the said order was served on the Defendant on May 3, 2018.

On September 14, 2018, the Plaintiff, based on an executory payment order original on September 14, 2018, transferred the claim KRW 60 million, which was provisionally seized by Busan District Court 2018TTTT 58000, to the original seizure. The Plaintiff received the seizure and collection order of the claim to transfer the remainder of KRW 251,741,896 to the provisional seizure. The above collection order was served to the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 11, 14 (including paper numbers), Gap evidence 12-1, and Gap evidence 13, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant: (a) KRW 68,463,829 of the construction price of this case (i.e., KRW 24,463,829 KRW 66 million); and (b) KRW 20 million.

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