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1. The Defendant’s KRW 31,755,683 as well as the Plaintiff’s KRW 15% per annum from September 11, 2018 to May 31, 2019, and the following.
Reasons
1. Facts of recognition;
A. On December 22, 2017, the Plaintiff filed a lawsuit against D Co., Ltd. (hereinafter “D Co., Ltd.”) seeking the payment of the price of goods (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “Nonindicted Co., Ltd.”) with the judgment that “the Plaintiff shall pay to the Plaintiff the amount calculated at the rate of 15% per annum from September 26, 2017 to the date of full payment.” The said judgment became final and conclusive on February
B. On March 16, 2018, the Plaintiff received a provisional seizure of KRW 29,432,729 (2017Kadan389) from the non-party company’s claim for construction cost and the claim for the price of goods to the Defendant, on the basis of the above final judgment, and seized KRW 2,322,954, out of the claim for construction cost and the claim for the price of goods based on the said final judgment (2,32,954, the amount of the claim was KRW 31,75,683).
C. The decision of the above seizure and collection order was served on March 20, 2018 on the Defendant.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 31,755,683 collected and the damages for delay calculated at the rate of 15% per annum from September 11, 2018, to May 31, 2019, and 12% per annum from the following day to the date of full payment, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., as to the delivery of a copy of the complaint of this case.
(3) If the Plaintiff’s claim for damages for delay was made on June 1, 2019 to 12% per annum under the provision on statutory interest rate under the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 29768, May 21, 2019, the Plaintiff’s claim is without merit.