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1. The Defendant’s KRW 254,635,429 as well as 5% per annum from November 4, 2015 to April 27, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 20, 2015, the Plaintiff supplied 255,000,000 construction materials to Esdi plant construction companies (hereinafter “Esdi plant construction”). Accordingly, on April 20, 2015, the Plaintiff drafted a notarial deed of debt repayment contract under the International Certificate of Law Firm 2015 and 155.
B. Este plant construction performed a interior construction work upon subcontracting from the Defendant, among the apartment construction works in Busan P3 block B3 block ELSusama, from the Defendant. On July 9, 2014, Este plant construction settled the construction cost of KRW 286,000,000 with the Defendant.
C. The Defendant paid KRW 31,364,571 out of the money referred to in the above sub-paragraph (b) to the re-subcontracted enterprise.
On October 30, 2015, the Plaintiff received a seizure and collection order (Capwon District Court 2015TTT 9967) regarding the claim against the Defendant of Este plant construction on October 30, 2015 with the title of execution of the authentication of the above paragraph (A) as the title of execution, and the said order was served on the Defendant on November 3, 2015.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 254,635,429 (286,00,000 - KRW 31,364,571) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is stipulated in the Civil Act, from November 4, 2015, following the day following the day on which the attachment and collection order of the instant claim was served to the Defendant, for the existence or scope of the obligation, to the Defendant.
The Plaintiff is claiming for the payment of damages for delay calculated by the rate of damages for delay under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day after the duplicate of the complaint of this case is served to
However, the amount of seized claims.