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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from September 29, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On August 28, 2014, the Plaintiff was granted a decision to provisionally seize the amount equivalent to KRW 60 million out of the claim amount of the construction cost claim against the Defendant of the Foreign Investment Case Construction as a preserved right ( Changwon District Court 2014Kahap314, hereinafter “instant provisional attachment”). The instant provisional attachment was served on the Defendant on September 1, 2014.
B. On April 15, 2015, the Plaintiff was sentenced to a judgment on April 15, 2015, stating that “The construction of the foreign investment case shall pay to the Plaintiff the Plaintiff the unpaid rent of KRW 122,100,000 and the delay damages for KRW 11,100,000,000 among them (Seoul District Court Decision 2014Gahap4194; hereinafter “instant judgment”). The instant judgment was finalized on May 1, 2015.
C. On June 17, 2015, the Plaintiff was issued a seizure and collection order (Seoul District Court 2015 Other Bonds 5621; hereinafter “instant collection order”) stating that the provisional seizure of this case is transferred to the original seizure with the amount of claim KRW 60 million as of June 17, 2015, and the Plaintiff was issued a seizure and collection order (the original District Court 2015 Other Bonds 5621; hereinafter “instant collection order”). The instant collection order was served on the Defendant on June 22, 2015.
The details of the payment of the construction cost after the provisional attachment of this case were served on the foreign currency construction upon the receipt of the provisional attachment of this case, and the Defendant paid KRW 1.33 billion on September 4, 2014, and KRW 52,01.60,000 on October 13, 2014, respectively.
[Ground of recognition] Facts without dispute, Gap 1 through 4, 6, and 8, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to pay the above collection amount to the plaintiff, which is the creditor of the collection order of this case, the above collection amount of KRW 60 million, and delay damages.
B. The summary of the Defendant’s argument regarding the Defendant’s assertion is before the Defendant receives the instant collection order.