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(영문) 서울중앙지방법원 2015.10.22 2014가단110516
추심금
Text

1. The Defendant’s KRW 71,170,000 as well as the Plaintiff’s annual rate of 5% from June 3, 2014 to October 22, 2015, and the following.

Reasons

1. Facts of recognition;

A. On February 26, 2013, the Plaintiff: (a) as Seoul Central District Court Decision 2013Kadan36220, the purchase price of goods; (b) the claim amount; (c) the debtor 71,170,000; (d) the debtor chid General Construction Co., Ltd. (hereinafter “Nddd General Construction”); and (c) the third debtor, who was awarded a contract by the Defendant, was subject to a decision of provisional attachment on the claim for construction payment (hereinafter “decision of provisional attachment”); and (d) the provisional attachment decision was served on the Defendant on February 28, 2013.

B. On January 27, 2014, the Plaintiff filed a lawsuit against the Suwon District Court Decision 2013Ga38080, which sought payment of the purchase price of goods, and was sentenced to the judgment of the court below that “Daehan Construction shall pay to the Plaintiff the amount of KRW 71,170,000 and the interest calculated at the rate of 20% per annum from March 7, 2013 to the date of full payment.”

C. On April 29, 2014, on the basis of the executory exemplification of the above judgment, the Plaintiff was issued a seizure and collection order (hereinafter “instant seizure and collection order”) with the content that the instant provisional seizure is transferred to the principal seizure by Seoul Central District Court 2014TT1499, and the said seizure and collection order was served on the Defendant on May 2, 2014.

Around February 28, 2013, the provisional attachment order of this case was served on the Defendant, and around February 28, 2013, the construction cost that the Defendant is obligated to pay to Dod Integrated Construction remains approximately KRW 1.5 billion.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each branch number, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, barring any special circumstance, the Defendant, barring any special circumstance, shall pay to the Plaintiff KRW 71,170,000 with the collection amount according to the seizure and collection order of this case, and the Defendant, from June 3, 2014, after the duplicate of the complaint of this case was served on the Defendant.

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