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(영문) 수원지방법원여주지원 2017.08.09 2015가단24784
추심금
Text

1. The Defendant’s KRW 83,51,079 for the Plaintiff and KRW 20% per annum from July 18, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On December 17, 2013, the Defendant entered into a contract for a construction project with Jinjin-si Construction Limited Company (hereinafter “Dinjin-si”), setting the construction cost as KRW 2,902,00,000 (including value-added tax) with respect to the construction project for urban-type residential housing (hereinafter “instant construction project”).

B. On October 17, 2014, the Plaintiff filed an application for provisional seizure of the instant claim against the Defendant for the instant claim for the payment of construction price against the Defendant by using the wage claim amounting to KRW 85 million as the claim amount, and was determined on October 23, 2014 by Suwon District Court 2014Kadan5482 (hereinafter “instant provisional seizure”). The instant provisional seizure order was served on the Defendant on October 23, 2014.

C. On March 3, 2015, the Plaintiff filed a payment order with the Suwon District Court 2015 tea506 on March 3, 2015, the Plaintiff received an order to pay the Plaintiff 78,419,000 won per annum from July 16, 2014 to the service date of the authentic copy of the instant payment order, and 6% per annum from the next day to the date of complete payment, and 20% per annum from the next day to the date of complete payment. The above payment order was served on the Dajin case on March 17, 2015, and the same year.

4.1. Finality: D.

On April 27, 2015, the Plaintiff was issued a seizure and collection order (hereinafter “instant collection order”) to transfer KRW 83,551,079, out of the instant construction cost claims against the Defendant against Suwon District Court Decision 2015TTY 2015,1038, and the said order was served on the Defendant on April 30, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. As to the Plaintiff’s assertion against the Defendant, based on the collection order of this case, claiming the collection amount of KRW 83,551,079 against the Defendant, the Defendant up to July 14, 2014, which was prior to receipt of the provisional seizure decision of this case.

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