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(영문) 의정부지방법원고양지원 2014.04.24 2013가단16506
추심금
Text

1. The Defendant’s KRW 75,839,00 and its amount from July 26, 2012 to May 7, 2013 and from May 8, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim, provisional attachment, seizure, and collection order: (a) from March 2, 2012 to June 12, 2012, the Plaintiff was ordered to pay KRW 108,339,000 to the Plaintiff, and KRW 6% per annum from June 25, 2012 to the delivery date of the original copy of the instant decision; and (b) from June 25, 2012 to March 12, 2012, the Plaintiff was ordered to pay money calculated at the rate of 20% per annum from the next day to June 18, 2012. This order became final and conclusive on July 18, 2012.

On July 5, 2012, the Plaintiff was issued a provisional attachment order (hereinafter “the provisional attachment order of this case”) with respect to provisional attachment of the claim for construction cost against the Defendant of Samchina with the debtor, the garnishee, and the third obligor at KRW 75,839,00, the amount of the claim, the amount of which was KRW 75,839,000. This decision was served on the Defendant on July 9, 2012.

Furthermore, on July 23, 2012, the Plaintiff received a collection order for the seizure and collection (hereinafter “instant seizure and collection order”) on July 25, 2012, 201, which was to transfer the provisional seizure to the principal seizure by order 2012 other debt 92555, and to collect KRW 75,839,000. This order was served on the Defendant on July 25, 2012.

B. On March 6, 2012, 372,00,000 won among the Defendant and B’s construction works, 13,317,000,000 won, and the construction subcontract agreement (hereinafter “instant subcontract agreement”) was concluded between March 13, 2012 and March 31, 2014.

The construction work commenced on March 2012, 2012, but around July 2012, the construction work was suspended due to the on-site workers’ failure to pay labor costs, etc., and the Defendant eventually closed down on August 1, 2012.

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