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(영문) 창원지방법원진주지원 2015.10.15 2015가단2580
추심금
Text

1. The defendant shall pay to the plaintiff (Appointed) KRW 6,774,00, KRW 8,602,00 to the Appointed B, and KRW 6,679,00 to the Appointed C, respectively.

Reasons

1. Facts of recognition;

A. Once the Defendant entered into a contract with the Defendant for the “construction of ozone facilities among the supplementary construction works for the following industrial wastewater comprehensive facilities,” the Company has at least KRW 36,800,000 for the Defendant at least KRW 36,800 for the construction cost claim (hereinafter “this case’s construction cost claim”).

B. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed were not paid wages from Gateex Co., Ltd. (hereinafter “Gateex”), and the claim amounting to KRW 64,840,204 (Plaintiffs 11,187,422, Nonparty B 15,369,922, the Selections C11,934,247, 15,340,942, 671, E-15,340,942, F6,90,90,000) were determined as provisional attachment of the claim amounting to KRW 64,840,204.

C. On September 17, 2014, based on the order of payment order (No. 2014 tea 1404), the Plaintiff transferred the provisional seizure of the instant claim to the Changwon District Court for the purpose of provisional seizure on September 17, 2014. The Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) that additionally seizes KRW 3,112,963 out of the instant construction cost claim. The instant seizure and collection order was served on the Defendant on September 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the Plaintiff’s claim, as part of the collection amount under the instant seizure and collection order, the Defendant shall, upon the Plaintiff’s request, pay to the Plaintiff KRW 6,774,00, KRW 8602,00, KRW 679,00 to the Selection C, KRW 2,298,00 to the Selection, KRW 298,00 to the Selection, KRW 8,586,00 to E, KRW 3,861,00 to the Selection, and damages for delay calculated at the rate of KRW 20% per annum from March 25, 2015 to the day of complete payment, as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 25, 2015 to the day of complete payment.

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