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1. The defendant's KRW 31,620,271 as well as 6% per annum from January 11, 2020 to June 26, 2020 to the plaintiff.
Reasons
1. Basic facts
A. On May 31, 2019, the Plaintiff was notified of the payment order decision (hereinafter “instant payment order”) stating that “E shall pay to the Plaintiff 30,553,250 won and the rate of 15% per annum from June 11, 2019 to the date of full payment,” by filing an application for a payment order with the Plaintiff seeking payment of construction cost with the Plaintiff, which is KRW 2019,436 (hereinafter “D”).
The instant payment order was finalized on June 25, 2019.
B. The Plaintiff filed an application with the Suwon District Court for a seizure and collection order as to the claim for the construction price of KRW 31,620,521 upon the instant payment order, with the claim amounting to KRW 31,620,520,521, and the claim amount of KRW 201,00 with respect to the claim for the construction price of KRW 2019,4240 against the Defendant of Suwon District Court, and on September 17, 2019, the provisional seizure against KRW 30,553,250 based on the provisional seizure order between the Plaintiff and E was transferred to the provisional seizure, and the remaining KRW 1,067,271 was seized. (hereinafter “instant claim seizure and collection order”).
The decision of the seizure and collection order of this case was served on September 24, 2019 to the defendant.
[Reasons for Recognition] Facts that there is no dispute between the parties or do not clearly dispute between them, entry of Gap 1-3 evidence, the purport of the whole pleadings
2. Determination
A. 1) According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 31,620,271, which is the amount of the plaintiff's seizure collection order, among the claim for construction cost against the defendant for the defendant E, and to pay damages for delay at each rate of 12% per annum under the Commercial Act from January 11, 2020, the day following the date of service of the complaint in this case until June 26, 2020, which is the date of the decision of this case, to June 26, 2020, and from the next day to the day of full payment.