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1. The Defendant: (a) KRW 46.5 million to the Plaintiff; and (b) 5% per annum from October 29, 2015 to March 22, 2016; and (c) March 23, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On May 201, the Defendant issued a tax invoice claiming the payment of KRW 222,110,000 as the first progress payment of the instant construction project on June 30, 201, and KRW 30,80,000 as the progress payment on July 31, 201. The Defendant shall pay the first and second progress payment of the instant construction project by July 20, 201 (value-added tax) by July 27, 201.
B. The Plaintiff filed an application for provisional attachment of the claim amounting to KRW 46,500,00 with respect to C as the claim amount for the remainder of the unpaid construction work that the Defendant shall pay to C under the instant construction contract (Seoul District Court 201Kadan7003), and on November 2, 2011, the provisional attachment decision pursuant to the said application (hereinafter “decision on provisional attachment”) was made, and the said original copy was served on the Defendant, the garnishee, on November 4, 2011.
C. Meanwhile, with respect to the instant construction contract, C transferred the amount equivalent to KRW 261,440,00 to D on November 28, 2011, and C notified the Defendant of the assignment of the above obligation on the 29th of the same month and delivered the above notification at that time. On the 30th of the same month, C transferred the claim for the construction price of KRW 21,889,697 to D on the 30th of the same month, and notified the Defendant of the assignment of the above obligation and issued the above notification at that time.
(hereinafter “transfer of claim of this case”)
D. The Plaintiff filed a lawsuit against C with respect to the amount of the goods set forth in paragraph (1)(b) and received a favorable judgment that “C shall pay the Plaintiff the amount of KRW 46,500,000 and 20% interest per annum from December 9, 2014 to the date of full payment.”
(Seoul District Court Decision 2014Ga62980 Decided April 16, 2015, hereinafter “instant judgment”). The instant judgment became final and conclusive on May 9, 2015.