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(영문) 수원지방법원 2017.09.27 2015가단41332
추심금
Text

1. The Defendant: (a) KRW 19,662,410 to Plaintiff A; and (b) KRW 2,225,759 to Plaintiff B; and each of them, from August 14, 2015 to September 14, 2017.

Reasons

1. Facts of recognition;

A. On December 22, 2014, the Plaintiffs, as Suwon District Court Decision 2014Kadan6640 (hereinafter “instant provisional attachment order”) against Nonparty D, issued a provisional attachment order regarding the above amount (hereinafter “instant provisional attachment order”) with the claim of KRW 39,519,00, the Plaintiff’s construction cost claim of KRW 4,473,50, and KRW 43,992,50,00, including the Plaintiff’s construction cost claim of Plaintiff B’s construction cost claim of KRW 4,473,50, as the Defendant’s claim against Nonparty D, as the obligor D and the third obligor, and D had against the Defendant, as the Defendant, for the construction cost claim of new construction works in the two parcels E and the second parcels of land Fix (hereinafter “instant construction cost claim”). The said order was served on the Defendant, the obligor, on December 24, 2014.

B. On March 31, 2015, the Plaintiffs received a favorable judgment against D, stating that “D shall pay the Plaintiff KRW 39,519,000 and the amount calculated by the rate of KRW 4,473,500 per annum from January 23, 2015 to the date of full payment,” and the said judgment became final and conclusive around that time.

C. After that, the Plaintiffs filed a provisional seizure and collection order with the obligor D and C as the Defendant on May 13, 2015, ordering the Suwon District Court 2015TTT 9407 to transfer the obligor D and C to the provisional seizure to the original seizure, based on the original copy of the above final judgment, on May 13, 2015, the Plaintiffs received the provisional seizure and collection order (hereinafter “instant seizure and collection order”) from the Defendant on May 13, 2015, under the order of provisional seizure of claims between the obligee and the obligor, as to the obligee A from among the construction cost claims of the new construction works of the Suwon District Court 2014Kadan6640, which the obligor had against the third obligor, KRW 41,62,770, and KRW 43,92,500, out of the amount up to KRW 41,716,170,00 for the obligee B, and the remaining 2,386,40,00,00”).

The plaintiffs, non-party G, H G, and H are claimed.

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