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(영문) 창원지방법원진주지원 2015.07.14 2015가단3231
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 78,014,523 and the interest rate of KRW 20% per annum from April 16, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff filed an application for provisional attachment against KRW 8,147,692, among the claim for construction cost against the Defendant in relation to the neighborhood living facilities and tenement houses located in Yong-gu, through the head of Changwon District Court Decision 2015Kadan985 (hereinafter referred to as “Dongtopy”) with the claim for equipment use fee against the Changwon District Court, as the claim for damages against the Dongtotopy Co., Ltd. (hereinafter referred to as “Dongtopy”), and the said court rendered a provisional attachment order on June 25, 2014, and the said provisional attachment order was served to the Defendant around that time.

B. On January 8, 2015, the Plaintiff filed a lawsuit for the equipment use fee claim with the Changwon District Court Jinwon District Court (2014Kadan8796). On January 8, 2015, the said court sentenced the Plaintiff to pay the Plaintiff the amount calculated at the rate of 20% per annum from January 9, 2015 to the day of full payment, and the said judgment became final and conclusive around that time.

C. On February 10, 2015, when the Plaintiff applied for a provisional seizure and collection order to transfer the above provisional seizure to the original seizure as Jinwon District Court Jinwon District Court Branch 2015TTN692, the above court rendered a decision on February 10, 2015 that the provisional seizure of the claim KRW 78,014,523, out of the construction cost claim against the Defendant against Dongtotoon, may be transferred to the original seizure and the said seizure claim may be collected by the Plaintiff (hereinafter “instant seizure and collection order”). The above decision was served on the Defendant on February 13, 2015.

On the other hand, around October 2013, the defendant awarded a contract for the construction of neighborhood living facilities and tenement houses located B in the East Asia, and the construction was completed on February 2014.

E. The Defendant is the person who has remaining 12.3 million won as the unpaid construction price debt for the East Asia.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the construction cost that the defendant has to pay to East Asia.

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