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1. The Defendant’s KRW 22,50,000 as well as the Plaintiff’s annual rate of KRW 5% from February 13, 2015 to September 25, 2015.
Reasons
1. Basic facts
A. The Plaintiff’s claim against Nonparty Co., Ltd. against the Plaintiff was filed with the Seoul Central District Court 2014 tea60622 against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On November 21, 2014, the said court issued an order to pay to the Plaintiff the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order with respect to KRW 22,50,000 to the Plaintiff, and the said payment order became final and conclusive on December 13, 2014 after serving it on the Nonparty Co., Ltd. on November 28, 2014.
B. On July 2012, the Defendant awarded a subcontract to the non-party company at KRW 147,00,000 of the construction cost of the swimming pool construction among the new construction of officetels on the land B and four parcels of Gangseo-gu Seoul, Gangseo-gu, and the non-party company.
(hereinafter referred to as “instant subcontract”). C.
The Plaintiff, on December 31, 2014, issued a collection order with the amount of KRW 22,500,000,000, until the amount reaches the above claim amount among the construction cost claims against the Defendant of the non-party company, as Seoul Eastern District Court 2014TTTB21700, and the Plaintiff issued a seizure and collection order with respect to the above claim amount. The above claim attachment and collection order were served on the Defendant on February 12, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 and Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay 22,50,000 won, which is the amount for which the plaintiff received the claim seizure and collection order as above, among the 147,00,000 won which are to be paid to the non-party company, and 5% per annum as prescribed by the Civil Act from February 13, 2015 until September 25, 2015 when the copy of the complaint of this case was served, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.