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1. The defendant shall pay 39,302,847 won to the plaintiff and 12% per annum from February 22, 2020 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against C (hereinafter “C”), and on February 14, 2019, the first instance court (Seoul Eastern District Court 2018Kadan11459) rendered a judgment that “C shall pay to the Plaintiff KRW 33,715,00 and its delay damages,” and the judgment that “C shall pay to the Plaintiff KRW 33,715,00 and its delay damages,” was final and conclusive on November 29, 2019.
B. The Plaintiff, based on the claim amount of KRW 39,302,847 based on the above judgment claim against C, filed an application for a seizure and collection order as to the above amount of the construction price claim under the contract between D and E, and six distribution and maintenance works under the contract between D and E, and six distribution and maintenance works (hereinafter “instant construction contract”), with the Seoul Northern District Court 2019T, as the obligor and the Defendant as the third party obligor. The Plaintiff filed an application for a seizure and collection order as to the above amount of the construction price claim under the contract between D and E, which C received and executed by the Defendant, and the said court issued a decision to accept it on April 12, 2019 (hereinafter “instant seizure and collection order”).
C. The original copy of the instant order of seizure and collection was served on April 16, 2019.
[Ground for Recognition: Unsatisfy, Evidence A No. 1-3 (including paper numbers), the purport of the whole pleadings]
2. Determination
A. According to the facts acknowledged prior to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the claim amount of KRW 39,302,847 according to the seizure and collection order of the instant claim and damages for delay calculated by 12% per annum from February 22, 2020 to the day of full payment, which is the day following the delivery of the copy of the instant complaint.
B. (1) The Defendant’s argument regarding the Defendant’s assertion (1) concluded the instant construction contract with C on April 2, 2019 and the construction cost of KRW 526,93,200, and the date of completion as of December 10, 2019.
(A) 625,410,000 13,667,50,00 of the aggregate of the cost of materials for labor costs, labor costs, and equipment costs.