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(영문) 서울중앙지방법원 2016.11.24 2015가단102932
추심금
Text

1. The Defendant’s KRW 41,289,863 as well as 20% per annum from June 25, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On November 27, 2014, the Plaintiff filed a lawsuit against the non-party Haba Co., Ltd. (hereinafter “non-party Haba”) claiming wages in Daegu District Court Branch Decision 2014Da23427, and on November 27, 2014, the Plaintiff was sentenced to the judgment that “the non-party company shall pay to the Plaintiff the amount of KRW 38,00,000 and the amount of money calculated at the rate of 20% per annum from August 26, 2014 to the date of full payment,” and the said judgment became final and conclusive on January 27, 2015.

B. The Plaintiff, with the above wage claim as the preserved right, received a provisional seizure order on June 13, 2014 from the Seogu District Court Branch Branch of the Daegu District Court 2014Kadan1541, which held against the Defendant as to “the claim for subcontract price related to the construction of the Gangseo-gu B Apartment Construction and the construction of the Nam-gu Kapo-gu Kapo-gu Kapo-gu Kapo-gu Kapo-dong Kapo-gu Kapo-dong Kapo-dong Kapo-gu Kapo-dong 20,000 among wage claim amounting to KRW 20,000 among wage claim amounting to provisional seizure and collection order, and the above order was served on the Defendant on February 9, 2015 and finalized around that time.

C. In addition, with regard to the claim for the above wage as the preserved right, the Plaintiff received a provisional seizure order on May 7, 2014 from the Seoggu District Court Branch of the Daegu District Court rendered a provisional seizure order against the Defendant as the Seogsan District Court Branch of 2014Kadan1185, which the non-party company held against the Defendant, with regard to the “claim for Subcontract Construction related to Ulsan-gun D Apartment Construction.” The Plaintiff received the seizure and collection order on the claim to transfer the provisional seizure of KRW 21,289,863 out of the wage claim as the Seoggu District Court Branch of the Daegu District Court of 2015TTTB854, and the above order was served on the Defendant on February 11, 2015, and became final

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including a serial number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant, unless there are special circumstances, shall collect the amount of collection sought by the plaintiff as the creditor of collection and its corresponding amount.

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