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(영문) 춘천지방법원속초지원 2015.05.12 2015가단573
추심금
Text

1. The Defendant’s KRW 20,014,537 as well as the Plaintiff’s annual rate from June 18, 2014 to July 14, 2014.

Reasons

1. As to the cause of the claim, the Plaintiff received a decision on the attachment and collection order (hereinafter “the collection order of this case”) from the Chuncheon District Court, Seoul District Court Branching 2013Kadan4601, which held against the Central Land Construction Development Co., Ltd. (hereinafter “Central Land”), on the execution bond of KRW 20,014,537, the claim for the use of equipment against the Defendant for the execution bond, and the purport of the entire pleadings can be acknowledged by comprehensively taking into account the following: (a) the debtor’s central case, the third debtor, the Defendant, and the claim amounting to KRW 20,014,537, and the fact that the above decision was served on the Defendant on June 17, 2014, and there is no dispute between the parties, or evidence No. 1 (including the number No. 1, 2014, hereinafter the same).

Therefore, according to the above facts of recognition, the Defendant is obligated to pay the Plaintiff, the collection obligee, KRW 20,014,537, and to pay damages for delay at each rate of 5% per annum prescribed by the Civil Act from June 18, 2014 to July 14, 2014, the delivery date of the instant collection order, which is the day following the delivery date of the instant collection order, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. Offset 1) Recognizing the fact that the construction cost to be paid by the Defendant to the Central Party on March 13, 2014 as of March 13, 2014 when the subcontract was terminated between the Defendant and the Central Party on the main point of the Defendant’s assertion, the fact that the construction cost to be paid by the Defendant to the Central Party is 151,929,522. However, the Central Party did not submit a warranty bond or pay a warranty bond to the Defendant according to the subcontract. However, the warranty bond to be paid to the Defendant by the Central Party is KRW 531,764,721 (Evidence 4).

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