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1. The Defendant shall collect the Plaintiff according to the Daejeon District Court’s 2015TTT 8410 and the collection order.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a supply contract with Aluminium Construction Co., Ltd., and supplied Aluminium fences equivalent to KRW 26,400,000 on May 18, 2015, and Aluminium fences equivalent to KRW 33,627,00 on June 30, 2015. However, Alumin Construction Co., Ltd did not pay KRW 60,027,000 in total to the Plaintiff.
B. Accordingly, on June 9, 2016, the Plaintiff filed a lawsuit on the claim for the payment of goods against the construction of BMC with the Incheon District Court Branch Branch Decision 2016Kadan5667, and rendered a judgment on June 9, 2016 to the effect that “Non-MMM construction will pay to the Plaintiff the amount equivalent to 60,027,000 won per annum from February 17, 2016 to the date of complete payment, and the said judgment became final and conclusive thereafter.”
C. On July 3, 2015, the Defendant received a provisional attachment order on the claim for construction price claim amounting to KRW 25 million for IMC Construction Co., Ltd. as the Daejeon District Court Branch Decision 2015Kadan1384 on July 3, 2015.
On September 24, 2015, the Defendant filed a suit for the claim for construction price against the construction of BMC with the Daejeon District Court Branch Branch Decision 2015Ra13702, and subsequently, the Reconciliation Recommendation Decision became final and conclusive after receiving a settlement recommendation order from the above court to the effect that “No. 25,000,000 won shall be paid to the Defendant until October 31, 2015, and where the said amount is not paid by the payment date, the unpaid amount shall be paid in addition to the amount at the rate of 20% per annum from the day after the date of payment to the day of full payment.”
E. On December 16, 2015, the Defendant transferred the provisional attachment order to Daejeon District Court Branch of Daejeon District Court (2015Kadan1384) pursuant to the provisional attachment order on the provisional attachment of claims under Article 2015Kadan1384 with the title of execution.