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(영문) 의정부지방법원 고양지원 2018.01.18 2016가단82207
추심명령에 기한 추심금 청구
Text

1. Defendant B’s KRW 36,100,200 as well as 5% per annum from October 12, 2016 to January 18, 2018.

Reasons

1. Basic facts

A. On July 9, 2014, the Plaintiff: (a) the Seoul Northern District Court 2014Kadan3418 (No. 2014Dadan3418); and (b) the Defendants of D as the preserved right; and (c) as against the Defendants of D.

The provisional seizure of this case was rendered in order to attach 38,340,200 won to each of the construction costs claims as stated in the subsection (hereinafter “the provisional seizure of this case”). The provisional seizure of this case was delivered to the Defendants on July 15, 2014.

B. On June 11, 2015, the Plaintiff was sentenced to the Seoul Northern District Court Decision 2014Da26054, that “D shall pay to the Plaintiff 76,680,400 won and 20% interest per annum from July 9, 2014 to the date of full payment,” and the above judgment became final and conclusive.

C. On April 14, 2016, the Plaintiff: (a) issued the instant provisional attachment and collection order (hereinafter “instant collection order”); (b) on April 14, 2016, the claim amount of KRW 103,225,310 ( KRW 51,612,655, respectively) with the Seoul Northern District Court 201, the Seoul Northern District Court 201, as the title of execution; (c) KRW 38,340,200, out of the construction cost claims against the Defendants of D, transfer the instant provisional attachment to the original attachment; and (d) issued the instant collection order with each of the remaining KRW 13,272,45, as the remainder, the instant collection order was served on the Defendants by May 18, 2016.

On the other hand, as of February 5, 2014, D concluded with Defendant B a new housing construction contract with Defendant B during the period from February 10, 2014 to July 10, 2014, by setting the construction cost of KRW 560 million, and the construction period from February 10, 2014 to July 10, 2014. On September 6, 2013, it concluded a contract with Defendant C by setting the construction cost of KRW 520,000,000,000,000 for the construction cost of the land and new housing construction contract with Defendants C and C during the period from September 6, 2013 to February 5, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that according to the collection order of this case, the defendants are obligated to pay 51,612,655 won and delay damages to the plaintiff according to the collection order of this case.

2.3.

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