(영문) 대전지방법원 2018.05.17 2017가단206837

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(영문) 대전지방법원 2018.05.17 2017가단206837

추심금

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1. The Defendant’s KRW 30,712,352 as well as 5% per annum from April 1, 2017 to May 17, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On January 25, 2017, the Plaintiff applied for a provisional attachment of KRW 100,210,000 as to the claim amount against the Defendant of Jin-jin Co., Ltd. (hereinafter “instant claim for construction price”). The provisional attachment order of claim was rendered on January 25, 2017 by the Daejeon District Court Branch Branching 2016Kadan421, and the said order was served on the Defendant on January 31, 2017.

B. On January 9, 2017, the Plaintiff filed an application for a payment order of construction price with the Daejeon District Court Branch Branch Branch Order 2016Ra484, and on January 9, 2017, the Plaintiff received from the above court an order for payment that “the Gyeongjin Co., Ltd. shall pay to the Plaintiff 100,210,000 won with the interest of 15% per annum from the day after the original copy of the payment order was served on the Plaintiff, and the said payment order became final and conclusive on February 28, 2017.

C. On March 20, 2017, the Plaintiff issued a collection order and seizure order (hereinafter “instant seizure and collection order”) to the effect that “10,210,000 won out of the bonds provisionally seized by the provisional seizure order of claim No. 2016Kadan421, which was provisionally seized by the provisional seizure order of claim No. 201, which was issued by the Daejeon District Court, shall be transferred to provisional seizure, and the remainder KRW 1,351,747, among the bonds provisionally seized by the provisional seizure order of claim No. 201, which was issued by the above court.”

The defendant was served with the seizure and collection order in March 23, 2014.

[Ground of recognition] Facts without dispute, entry of Gap1 to 3 evidence (including each number), the purport of the whole pleadings

2. Judgment on the claim for collection amount (main cause of claim);

A. According to the above facts of recognition as to the cause of claim, barring special circumstances, the defendant is obligated to pay the plaintiff the seized claim based on the seizure and collection order of this case and the damages for delay.

B. Judgment on the Defendant’s assertion 1 is the case.

유사 판례

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