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1. The Defendant’s KRW 50,545,027 as well as the Plaintiff’s KRW 15% per annum from January 31, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On June 7, 2018, the Plaintiff filed a lawsuit against Jeonju District Court Gunsan Branch Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and the said court rendered a judgment on June 7, 2018 that “the Plaintiff shall pay to the Plaintiff the amount of KRW 45,00,000 and the interest rate of KRW 15% per annum from September 5, 2017 to the date of full payment” (2017Da513). The said judgment was dismissed and the appeal became final and conclusive on July 29, 2019.
B. The Plaintiff filed an application with the Jeonju District Court for a seizure and collection order as to the claim for the above judgment amount with the title of execution against the Defendant of the non-party company D’s new construction project (hereinafter “the instant construction project”). The said court issued the seizure and collection order as to the claim for construction price of the instant construction project (hereinafter “instant construction”) on June 21, 2018, with the claim amounting to KRW 50,545,029, which is the claim amounting to KRW 50,545,029.
(C) The Defendant paid KRW 1,185,650,000 to the non-party company as the construction cost of the instant case after the instant order was served on the third debtor on June 26, 2018.
2. Determination:
1. According to the above facts, at the time the order of this case was served on the defendant, the company at the time of the delivery to the defendant of this case can be recognized that the defendant had a claim for the construction price of this case exceeding KRW 1,185,650,000. As such, the defendant is obligated to pay to the plaintiff, the collection right holder, the amount of KRW 50,545,027, and the amount of money at each rate of 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from January 31, 2019 to May 31, 2019, and from the next day to the day of full payment, 12% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
2. However, the plaintiff.