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(영문) 서울동부지방법원 2014.09.29 2014가단13984
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on January 28, 2014 in Seoul Eastern District Court Decision 2014 tea488.

Reasons

1. Facts of recognition;

A. The Defendant received a payment order ordering the payment of the price for the goods (hereinafter “the payment order for the goods of this case”) from the Seoul Eastern District Court 2013 tea8480 on the ground of the claim for the price for the goods against the Sungsung Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The above payment order was finalized around that time.

B. On the basis of the order for the payment of the instant goods, the Defendant received the order for provisional seizure of claims against the Plaintiff by Seoul Eastern District Court 2013Kadan9382 regarding the claim for construction payment against the Plaintiff of the non-party company, and served the provisional seizure of claims on December 2, 2013 on the Plaintiff.

Then, the Defendant received the order of seizure and collection (hereinafter “instant order of seizure and collection”) from the Seoul Eastern District Court 2013TTTB2275, which transferred the provisional seizure as of January 3, 2014 to the provisional seizure (hereinafter “instant order”). (The amount of the claim was the principal amount of KRW 10,014,00 and interest of KRW 230,000 and interest of KRW 10,24,000, total of KRW 10,244,00). The order of seizure and collection of the instant claim reaches the Plaintiff, the garnishee, January 8, 2014.

The claim against the plaintiff of the non-party company, which is the object of the seizure and collection order of this case, is the claim for the construction cost that the non-party company should receive from the plaintiff, that is, the non-party company is the 10,24,000 won of the claim amount among the construction cost of reinforced concrete construction works, "Saeawon-dong 645-5 located in Ansan-dong, Sungcheon-dong, Sungcheon-dong, the plaintiff implemented and performed."

C. The Defendant asserted that there was a claim for collection against the Plaintiff based on the premise of the instant claim attachment and collection order, and filed an application with the Seoul Eastern District Court for a payment order claiming the payment of the collection amount under Seoul Eastern District Court 2014 tea488. On January 28, 2014, the Plaintiff calculated the amount of KRW 10,244,00 and the amount of KRW 20% per annum from the day following the delivery date of the payment order to the day of complete payment.

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