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(영문) 수원지방법원안양지원 2019.01.24 2018가단4961
추심금
Text

1. The Defendant: (a) KRW 100,00,000 to Plaintiff A; (b) KRW 76,152,000 to Plaintiff B; and (c) each of them on June 13, 2018.

Reasons

1. Facts of recognition;

A. Plaintiff A holds a promissory note claim amounting to KRW 634,00,000 based on the authentic copy of an executory deed No. 169 of 2017, which was executed by Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with respect to Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).

B. Plaintiff A received a decision to seize and collect the claim for the construction price of G and six lots of land (hereinafter “instant construction”) and the new civil construction of detached houses (hereinafter “instant construction”) against the Defendant of the non-party company in Gwangju-si, Gwangju-si (Seoul-si District Court Decision 2018TTTT20076), and the original copy of the above claim attachment and collection order was served on the Defendant on January 15, 2018.

C. The Plaintiff Company B holds a monetary loan claim amounting to KRW 76,152,00 based on the authentic copy of a notarial deed No. 660 of H 2017, which was executed by a notary public against the Nonparty Company. D.

Plaintiff

B was subject to the order of seizure and collection regarding the claim for the construction price of this case against the defendant of the non-party company (U.S. District Court Decision 2018TB028), and the original copy of the order of seizure and collection was served on the defendant on January 22, 2018.

E. On December 9, 2016, the Defendant and the non-party company agreed to settle the construction cost of the instant construction work at KRW 283,80,000,000, but, on April 14, 2017, the Defendant and the non-party company drafted a written waiver of construction, which would settle the construction cost of KRW 260,000,000, while giving up the instant construction work.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 9, purport of whole pleadings

2. Determination

A. We examine the judgment on the cause of the claim. According to each of the above facts, the defendant shall pay to the plaintiff A KRW 100,000,000, and KRW 76,152,000 to the plaintiff corporation B and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 13, 2018 to the day of complete payment, as the plaintiff's claim is filed.

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