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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 12% per annum from August 23, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 3, 2016, the Plaintiff filed an application with the Incheon District Court for a payment order of KRW 50,000,000 from the Incheon District Court (hereinafter “Nonindicted Company”) to C (hereinafter “Nonindicted Company”) to pay KRW 50,000,000 from May 3, 2016. On January 9, 2017, the Plaintiff received a payment order from the above court that “the Plaintiff shall pay to the Plaintiff the amount calculated at the rate of KRW 50,00,000 and the amount calculated at the rate of 15% per annum from the day following the delivery date of the original copy of the above payment order to the day of full payment.” The original copy of the payment order was served with the Nonparty Company on January 24, 2017, and was finalized as is on February 8, 2017.
B. Based on the above final payment order decision, the Plaintiff filed an application for the attachment and collection order with respect to the portion of KRW 50,000,000 out of the construction cost claim amounting to KRW 430,000,00 for the non-party company’s construction cost claim amounting to KRW 430,000,000 against the non-party company’s Defendant as the debtor and the defendant as the third debtor, as Suwon District Court Decision 2018TTB895.
On May 14, 2018, the foregoing court rendered a ruling of the seizure and collection order of the content of accepting the above request (hereinafter “instant order of seizure and collection”). The instant order of seizure and collection was served on the Defendant on May 21, 2018.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the collection amount of KRW 50,000,000 according to the collection order and the damages for delay calculated at the rate of 12% per annum from August 23, 2019 to the date of full payment, which is clear that it is the day after the delivery date of the copy of the complaint of this case sought by the Plaintiff.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.