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1. The Defendant shall pay to the Plaintiff KRW 111,747,896, out of the deposit money deposited as the gold No. 340, 2015 for the Youngcheon District Court’s Monthly Branch.
Reasons
1. Facts of recognition;
A. Around September 2010, C awarded a contract to D for the construction of a new ground pen (hereinafter “instant construction”) on the ground of Gangwon-gun E (hereinafter “instant land”).
(hereinafter referred to as “instant claim for construction cost” held by D in accordance with the said contract. (B)
1) On March 23, 2011, the Plaintiff: (a) issued a seizure and collection order for KRW 186,382,48 out of the instant construction price claim; and (b) on March 28, 2011, the Plaintiff was served to C on March 28, 2011 (hereinafter referred to as “instant seizure and collection order”). Based on the original copy of the payment order issued by Cheongcheon District Court Decision 2010 tea 6309, the Defendant was the obligor and C as the third obligor; and (c) issued a seizure and collection order for KRW 186,382,48 out of the instant construction price claim.
(2) On October 11, 2012, the Plaintiff filed a lawsuit against C by filing a claim for collection amounting to the Youngcheon District Court Youngcheon Branch Branch 201Kahap404, and was sentenced to the judgment that “15,000,000 won and the amount equivalent to 5% per annum from March 28, 201 to May 21, 2012, and 20% per annum from the next day to the date of full payment” with the Plaintiff, and the said judgment became final and conclusive around that time.
C. (1) On November 25, 2010, the Defendant entered into a subcontract with D as to the instant construction project, and received KRW 700 million from D on April 2, 201, the instant claim for the construction cost of the instant construction project. (2) On May 18, 2011, the Defendant, as the right to preserve the instant claim for the construction cost of the instant land acquired, was issued a decision of provisional seizure against each of the instant land owned by C as the Youngcheon District Court Branch 201Kahap33 on May 18, 201, as the instant claim for the construction cost of the instant land owned by C as the right to preserve, and on May 29, 2012, as the Incheon District Court 2012Kahap741 on May 29, 2012.
3 The defendant filed a lawsuit against C against the Incheon District Court 2012Gahap4288, and on July 20, 2012, C filed a lawsuit against C on May 31, 2013.