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1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Eastern District Court Decision 2014Kadan132052 Decided August 31, 2016.
Reasons
1. Facts of recognition;
A. On July 13, 2016, the Defendant, upon which a collection judgment became final and conclusive, filed a lawsuit against the Plaintiff for the claim for the amount of collection under Seoul Eastern District Court Decision 2014Da132052, and rendered a judgment on July 13, 2016 that “the Plaintiff shall pay to the Defendant the amount of KRW 38,976,54 and the amount of KRW 5% per annum from November 7, 2014 to August 31, 2016, and the amount of KRW 15% per annum from the next day to the date of full payment” (hereinafter “the instant collection judgment”). The said judgment became final and conclusive on June 16, 2017.
B. On April 16, 2014, the Plaintiff contracted the construction of the Plaintiff’s Gyeonggi-do Logistics Center on the ground of Hancheon-dong 419-3 (hereinafter “ Hancheon-dong Construction”) with the construction contract for the said construction work on August 22, 2014. On August 28, 2014, the Plaintiff adjusted the completed portion of the said construction work with KRW 329 million (= wage of KRW 189,03,407 for material costs of KRW 139,966,593).
(hereinafter the above construction works are “the instant construction works” and “the instant construction price claim” for the Plaintiff of Han Construction.
On July 23, 2014, the Defendant, including the competition of claims seizure, was sentenced to a favorable judgment in favor of the Defendant to pay “59 million won and damages for delay” to the Defendant for the KRW 40 million out of the claim for construction payment against the Plaintiff of the instant case of Han Construction, Hanyang-gu District Court Decision 2014Kadan10715 (the judgment becomes final and conclusive) and the provisional seizure order was issued to the Defendant on September 30, 2014, and the provisional seizure order was transferred to the Defendant on September 5, 2014, and the provisional seizure order was issued to the Defendant on September 27, 2014.