(영문) 수원지방법원 2017.08.08 2016가단17428

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(영문) 수원지방법원 2017.08.08 2016가단17428

추심금

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1. The Defendant shall pay to the Plaintiff KRW 161,252,423 and the interest rate of KRW 15% per annum from May 4, 2016 to the date of complete payment.

Reasons

1. Determination on the cause of the claim

A. (1) On March 27, 2014, the Plaintiff was granted a provisional attachment order of KRW 184,964,675 against the Defendant of the non-party company in order to preserve the Plaintiff’s claim for the construction cost against the two Koreas. The provisional attachment order was served on the Defendant, a garnishee, on March 31, 2014.

(2) On March 18, 2014, the Plaintiff filed a lawsuit against the non-party company with the Incheon District Court (2014Gahap3241), and was sentenced by the above court on July 10, 2014 that “the non-party company shall pay to the Plaintiff 153,593,775 won and an annual interest rate of 20% from July 10, 2014 to the date of full payment,” and the above judgment was finalized on August 19, 2014.

(3) On October 21, 2014, the Plaintiff received a collection order as to KRW 161,252,423 among the claim for construction price against the Defendant of the non-party company by the Incheon District Court Decision 2014TTTT31028, and the Plaintiff was served on October 24, 2014.

(4) At the time of serving a collection order on the Defendant, the non-party company’s unpaid construction price was KRW 718,749,778.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay the collection amount of KRW 161,252,423 and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The defendant's assertion and the non-party company agreed to pay the construction price of the non-party company to the non-party company after the full payment of the land balance against the land owner A. Since the land balance on the land owner was not fully paid, the payment period for the above construction price claim has not yet arrived. Therefore, the plaintiff's claim is without merit.

B. (1) The following facts are disputed between the parties:

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