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1. The Defendant shall pay to the Plaintiff KRW 44,026,271 as well as 20% per annum from July 29, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 1, 2014, the Plaintiff filed a lawsuit against B (hereinafter “B”) with the Busan District Court Decision 2014Ga6288, and rendered a favorable judgment against the Plaintiff that “Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) shall pay to the Plaintiff the amount calculated at the rate of KRW 41,869,703 per annum 20% per annum from March 7, 2014 to the date of full payment,” and the said judgment became final and conclusive as is.
B. The Plaintiff, as a preservative measure of the instant case, filed an application for the provisional seizure of claims with the Busan District Court 2014Kadan717 on February 14, 2014 (hereinafter “instant provisional seizure”), and served the Defendant on February 17, 2014.
C. On May 30, 2014, the Plaintiff received the attachment and collection order (hereinafter “instant attachment and collection order”) from the Busan District Court 2014TT to the Defendant as to the claim for the payment of the construction cost (such as deposit, etc.) from the Defendant with the claim of KRW 44,026,271 (interest of KRW 41,869,703, KRW 1,881,268, KRW 275,30) based on the foregoing final judgment. The Plaintiff received the attachment and collection order (hereinafter “instant attachment and collection order”) from the Defendant on June 2, 2014. The above attachment and collection order were served on the Defendant on June 2, 2014.
On September 27, 2013, the Defendant entered into a contract with B for the production and supply of so-called “instant supply contract” (hereinafter referred to as the “instant supply contract”) that the Defendant shall pay the total construction price of KRW 1,880,000 (value-added tax separately), KRW 5% for the down payment, and KRW 30% for the intermediate payment and remainder, KRW 30,30, and KRW 35% according to the supply records.
E. From October 31, 2013 to February 14, 2014, the Defendant paid KRW 712,00,000,000, in total, to B with the down payment and the progress payment under the instant supply contract, on ten occasions. The Defendant was served with the instant provisional attachment decision and was the Plaintiff’s subcontractor on March 10, 2014 and April 16, 2014.