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1. The Defendant shall pay to the Plaintiff KRW 73,183,758 and the interest rate of KRW 15% per annum from January 25, 2019 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. Claim 1) C (hereinafter “C”) for the construction cost of this case, which is a seized claim
(2) On September 25, 2012, the Defendant entered into a contract for construction works with the content that the construction work is newly built on the ground level of the first floor below the ground level and the fourth floor above the ground level during the construction period (including value-added tax) and the construction work period from September 27, 2012 to April 25, 2013. (2) On February 21, 2014, the approval for use of the said multi-household housing was completed, and C transferred the said multi-household housing to the Defendant around that time.
After that, in the case of the construction cost between C and the defendant (Seoul High Court 2015Na32815, 2015Na3282 (Joinder), the court rendered a ruling on November 17, 2016 that "the defendant shall pay 94,587,671 won to C and 5% interest per annum from March 1, 2014 to November 17, 2016, and 15% per annum from the following day to the date of full payment," and that ruling became final and conclusive on April 3, 2017.
(hereinafter the above case is referred to as “construction cost case”). B.
(1) On March 5, 2017, the Plaintiff: (a) issued a provisional seizure order against the obligor C and third obligor as the Suwon District Court 2017Kadan20767, with the amount of the claim KRW 82,019,398; and (b) received a provisional seizure order against the Defendant of the instant case; and (c) around that time, the Plaintiff was served on the Defendant. (b) On June 29, 2018, based on an executory exemplification of the judgment (U.S. District Court 2017Kadan514278), the Plaintiff transferred KRW 82,019,398 as the provisional seizure from the provisional seizure to the Defendant; and (d) obtained a provisional seizure and seizure order against the claim of KRW 20,309,499, and the order was served on the Defendant on July 2, 2018.
C. Meanwhile, on November 3, 2015, E confirmed an assignment order, with the debtor C and the third obligor as the defendant, the claim amount of KRW 49,50,000,000, under the Ansan Branch of Suwon District Court Decision 2015TT7301, the Defendant and the third obligor as the defendant, the claim amount of which is KRW 49,50,000.