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1. Of the instant lawsuit, the part demanding the payment of KRW 52,460,660 and damages for delay from January 3, 2018.
Reasons
1. The Defendant was awarded a contract with Hancheon-si, Hancheon-si, Hancheon-do, Hancheon-do, 877, and on July 23, 2015, the Plaintiff, among the above construction works, set the construction period of reinforced concrete construction works (hereinafter “instant construction works”) as KRW 2,238,50,000 (including value-added tax, and the alteration of KRW 2,068,00,000) during the construction period from August 1, 2015 to February 29, 2016 (hereinafter “instant construction contract”).
The Defendant paid all the construction cost of this case to the Plaintiff, and paid 600 million won as additional construction cost.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings
2. If there exists a seizure and collection order concerning the claims recognized as the party standing due to the collection order, only the collection creditor may institute a lawsuit for performance against the garnishee, and the debtor shall lose the party standing to institute a lawsuit for performance against the seized claims.
On the other hand, an order of seizure of a claim shall become effective at the time of delivery to the garnishee (Article 227(3) of the Civil Execution Act). Such an order of seizure of a claim shall become effective only when the interest or delay damages incurred after the seizure takes effect naturally, and it shall not extend to the interest or delay damages incurred after the seizure takes effect.
(2) According to the purport of the Plaintiff’s claim No. 10 and the entire argument, the Plaintiff’s claim No. 10 were issued on December 28, 2017 to the Defendant until KRW 52,460,660 of the instant construction cost claim against the Defendant (U.S. District Court 2017TTTTTT23147), and the above order was served on the Defendant on January 2, 2018.
According to the above facts, 52,460,660 of the construction price of this case and damages for delay from January 3, 2018.