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1. The Defendant shall pay to the Plaintiff KRW 40,634,812 and the interest rate of KRW 15% per annum from June 30, 2018 to the day of complete payment.
Reasons
1. The Plaintiff had a loan claim amounting to KRW 40,000,000 against Daei Construction Co., Ltd., and the Defendant did not pay the above money, and attached the Defendant’s claim for construction payment to Daei Construction Co., Ltd.
In addition, the plaintiff applied for a payment order with respect to the above loan claim against Daeung Construction Co., Ltd. and the above payment order became final and conclusive.
After that, the Plaintiff filed an application for the seizure and collection order to transfer the above provisional seizure to the provisional seizure under the Daegu District Court resident support 2017TTTT1269, and the above court issued a seizure and collection order to KRW 40,634,812 of the construction cost to be paid by the Defendant to the Daedae Construction Co., Ltd., and the above seizure and collection order was served to the Defendant on September 13, 2017.
Therefore, the Defendant is obliged to pay to the Plaintiff the amount of KRW 40,634,812 and the delay damages from September 13, 2017, on which the date when the collection order was served to the Defendant.
2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;
3. It is reasonable to view that the garnishee, who was dismissed, is liable for delay for the amount equivalent to the amount of the claim seized to the execution creditor, not when the execution court receives a delivery of the collection order from the execution court, and it is reasonable to regard that it is from the next day after the issuance of the collection
However, there is no evidence to prove that the plaintiff notified the defendant of the payment of the collection money before the filing of the lawsuit in this case after the collection order requested by the plaintiff was delivered to the defendant, and thus, it is deemed that the plaintiff claimed the collection money to the defendant
Therefore, the Plaintiff’s damages for delay shall be recognized from June 30, 2018, the day following the delivery of a copy of the complaint, and the damages for delay shall be dismissed from September 13, 2017 to June 29, 2018.