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(영문) 인천지방법원 2016.02.18 2015가단216405
추심금
Text

1. The Defendant’s KRW 28,540,975 for the Plaintiff and KRW 20% per annum from May 7, 2015 to September 30, 2015 for the Plaintiff.

Reasons

1. Under the facts of recognition, each of the following facts can be acknowledged as a confession because the defendant does not clearly dispute the plaintiff's assertion, or can be acknowledged by adding the whole purport of the pleadings to each of the statements in Gap evidence Nos. 1 through 5 (including provisional numbers).

The non-party A received the claim amounting to the non-party B Co., Ltd. (the non-party C Co., Ltd. used the trade name and changed the trade name on December 4, 2014; hereinafter “non-party A”) from the non-party B Co., Ltd. (the "non-party A Co., Ltd.”), namely, the claim amounting to be paid to the non-party Co., Ltd pursuant to the subcontracting Agreement among the new construction works of the non-party DD located in Mancheon-dong-gu Seoul Metropolitan Government, for the claim amounting to KRW 562,709,368 (hereinafter "the claim amount of this case") and the claim amounting to KRW 562,709,368, and the collection order (the Jincheon District Court Branch Branch Decision 2013 other 95555), and filed a lawsuit against the defendant claiming the collection amount (the court of first instance: Incheon District Court Decision 2014Na26718, May 1, 2015).

B. Meanwhile, the Plaintiff filed a lawsuit against the non-party company with Seoul Western District Court Decision 2014Ga6346 and sentenced that “the non-party company shall pay to the Plaintiff 23,325,500 won per annum and 6% per annum from January 1, 2014 to April 7, 2014, and 20% per annum from the next day to the day of complete payment.” The above judgment was finalized on June 20, 2014.

According to the above final judgment, the Plaintiff received the claim amounting to KRW 28,540,975 as to the claim amount against the Defendant of the non-party company, and received the attachment and collection order of the claim amounting to KRW 28,540,975.

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