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(영문) 대전지방법원천안지원 2015.06.19 2014가합100705
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 226,741,874 and the interest rate of KRW 20% per annum from April 5, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 4, 2010, with respect to the extension of green facilities on the ground other than B and eight parcels (hereinafter “instant building”), the Defendant, the owner, entered into a construction contract by setting the construction cost as KRW 1,870,00,000 (including value-added tax) and the date of completion as KRW 0.1% on May 31, 2010, and the interest rate for delay was 0.1% on September 29, 2010, and the construction cost was changed to KRW 2 billion including the additional construction work by September 29, 2010.

A claim for the construction cost of this case (hereinafter referred to as "claim for the Construction Cost of this case") (hereinafter referred to as "claim for Construction Cost of this case").

On April 30, 2010, the non-party company of the Plaintiff’s claim for indemnity against the non-party company concluded a credit guarantee agreement with the Plaintiff amounting to KRW 255,00,000,00 with the Plaintiff and borrowed the above amount from the Industrial Bank of Korea as collateral. However, the Plaintiff lost its interest on January 5, 2012, and the Plaintiff subrogated the principal and interest of the loan amounting to KRW 259,379,363 on February 2, 2012.

On February 15, 2012, the Plaintiff applied for a payment order with respect to Nonparty Company for a reimbursement order with respect to KRW 259,634,923 and KRW 259,379,363 among them, paid 15% per annum from February 2, 2012 to the service date of the payment order, and 20% per annum from the following day to the delivery date of the payment order, and 20% per annum from the next day to the full payment date. The above payment order was finalized on March 8, 2012.

C. On April 27, 2012, the Plaintiff’s seizure and collection of the Plaintiff’s claim against Nonparty Company KRW 270,827,319 (= Principal KRW 259,634,923 for delay damages of KRW 11,192,396 for delay damages of KRW 259,634,923) as the preserved claim, and was issued a seizure and collection order as to the amount equivalent to the above amount out of the construction payment claim against the Defendant of Nonparty Company.

(The Daejeon District Court’s Branch Branch 2012TTY 2969, hereinafter “instant seizure and collection order”). The seizure and collection order of the instant case shall be May 1, 2012.

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