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The defendant shall pay 65,00,000 won to the plaintiff and 5% per annum from July 2, 2020 to October 30, 2020 and the next day.
Reasons
1. Facts of recognition;
A. On January 15, 2019, the Plaintiff filed a lawsuit against C (hereinafter “Nonindicted Company”) for the claim for the payment of construction cost. On October 25, 2019, the Plaintiff and the Nonparty Company concluded a mediation (hereinafter “instant mediation”) that “In the said lawsuit, the Plaintiff and the Nonparty Company shall pay KRW 55,000,000 to the Plaintiff by December 31, 2019. If the Nonparty Company fails to pay the said payment by the payment date, the Nonparty Company is obligated to pay the Plaintiff KRW 65,00,000,000 to the Plaintiff, and the payment shall be made by adding damages for delay calculated at the rate of 12% per annum from January 1, 2020 to the date of full payment (hereinafter “instant adjustment”).
B. On the other hand, on April 5, 2019, the Plaintiff filed an application for provisional attachment of the amount up to the above claim amount among the construction cost claims owned by the Defendant pursuant to the “D Business Facilities and Urban Residential Housing Construction Contract” concluded with the Defendant on December 27, 2017 (hereinafter “the instant construction contract”), and the said court rendered a ruling of accepting it on April 19, 2019 (hereinafter “decision of provisional attachment”).
The original copy of the instant provisional attachment decision was served on April 24, 2019 on the Defendant.
C. On January 6, 2020, the Plaintiff filed an application for the seizure and collection order of the amount of KRW 65,000,000, out of the amount of provisional seizure pursuant to the above provisional seizure order as the title of execution, and the amount of KRW 65,000,000, out of the amount of the provisional seizure according to the above provisional seizure order under the Incheon District Court Branch Branch Office 2020,30, and the above court rendered a seizure and collection order of the amount up to KRW 65,000, out of the amount of the construction price claim under the instant construction contract owned by the non-party company against the Defendant (hereinafter “instant seizure and collection order”).
(e).