(영문) 수원지방법원안산지원 2020.10.21 2018가단53521

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(영문) 수원지방법원안산지원 2020.10.21 2018가단53521

추심금

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1. The defendant shall pay 43,283,808 won to the plaintiff and 12% per annum from October 21, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On July 25, 2016, the Defendant concluded a subcontract with D Co., Ltd. (hereinafter “D”) by setting the total amount of construction cost of KRW 1,650,000,000 and the construction period from July 25, 2016 to May 30, 2017.

B. On December 8, 2016, in order to preserve the claim amounting to KRW 38,149,500 against D, the Plaintiff provisionally attached the amount of money up to the above claim amount out of the construction price claim against the third debtor of the debtor D's claim against the debtor against the third debtor of the contract of this case.

(Dacheon District Court Branch 2016Kadan2735, hereinafter “the instant provisional attachment order”). The instant provisional attachment order was served on the Defendant, who is the garnishee on December 13, 2016.

C. On August 17, 2017, the Plaintiff filed a lawsuit against D to claim for the payment of equipment user fees, and rendered a judgment that “D shall pay to the Plaintiff 38,149,500 won and the interest calculated at the rate of 15% per annum from December 16, 2016 to the date of full payment” (hereinafter “the judgment on the merits”) by the Busan District Court Decision 2016Da27582, which became final and conclusive.

On October 20, 2017, the Plaintiff issued a collection and collection order (hereinafter “instant seizure and collection order”) stating that “The amount equivalent to KRW 38,149,50,00 of the claim amount of the instant provisional seizure among the claim for the instant construction payment against the Defendant of the garnishee D against the Defendant of the debtor D, shall be transferred to the original seizure. KRW 5,134,308 shall be additionally seized (total claim amount KRW 43,283,808), and the above seized claims may be collected by the Plaintiff, the creditor, may be collected by the Plaintiff.”

The instant order of seizure and collection was served on October 25, 2017 to the Defendant, who is the garnishee.

E. The instant construction was completed at present.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. Determination:

유사 판례

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