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1. The Defendant: KRW 98,038,356 to the Plaintiff; and KRW 5% per annum from November 19, 2015 to November 8, 2018; and
Reasons
1. Facts of recognition;
A. From the lawsuit (U.S. District Court 2013Na26279), the Plaintiff’s claim against C with respect to the agreed amount filed against C (U.S. District Court 2013Na26279) to October 1, 2013, “C shall pay 84 million won to the Plaintiff by April 1, 2014. If C does not pay any of the above amounts until the due date, it was concluded that C shall pay the amount at a rate of 20% per annum from the date following the due date to the date of complete payment.”
B. C’s order of seizure and collection against the Defendant 1) The Plaintiff filed an application for provisional seizure of the claim with the creditor, debtor C, Defendant C, and claim amount as “the amount until it reaches the claim amount of KRW 84 million out of the claim for the construction cost of this case, which C had against the Defendant.” The above court accepted the provisional seizure order and issued the provisional seizure order on November 2, 2012. The above provisional seizure order was delivered to the Defendant on November 6, 2012. 2) The Plaintiff failed to perform its obligation under the above conciliation agreement. The Plaintiff transferred the provisional seizure to the Defendant under the above conciliation agreement as Suwon District Court Sung-nam Branch Branch of 2015TT159, and additionally transferred the claim amount of KRW 14,386,300 among the claim for the construction cost of this case, and the above provisional seizure order was served to the Defendant on KRW 3050,386,405,506,5386,506,205.
C. On the other hand, C filed a lawsuit against the Defendant regarding the instant claim for construction cost (Seoul Central District Court 2013Gahap36564, the said court on April 20, 2017).