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Reasons
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(영문) 대전고등법원 2019.12.19 2019나13108
청구이의
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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 13, 2018, the Defendant concluded a contract with the Daejeon District Court for the payment of the unpaid amount and damages for delay on the ground that “Around August 8, 2016, the Defendant applied for the payment order against the Plaintiff for the payment of the said unpaid amount and damages for delay on the ground that “Around August 8, 2016, the Defendant applied for the payment order against the Plaintiff for the payment of the said unpaid amount and the damages for delay on the ground that “Around August 8, 2016, the Plaintiff did not pay KRW 573,591,341 out of the total amount of the construction payment,” the construction period was from August 10, 2016 to December 30, 2017.”

(S) On March 16, 2018, Daejeon District Court issued the instant payment order to the Defendant that “The Plaintiff shall pay damages for delay calculated at the rate of 15% per annum from the day following the delivery date of the original copy of the payment order and the payment order therefor to the day of complete payment.” On March 20, 2018, the instant payment order was served on the Plaintiff on March 20, 2018, and finalized on April 4, 2018.

B. On April 1, 2018, the Defendant filed a request with the Daejeon District Court for a seizure and collection order against the Plaintiff regarding the claim against the Plaintiff as the claim amounting to KRW 582,810,694 based on the instant payment order (i.e., the principal amount of KRW 573,591,341, KRW 8,957,453, KRW 261,90, KRW 260) and filed a request for a seizure and collection order ( Daejeon District Court 2018TTTT5732), and the Daejeon District Court rendered a ruling accepting the Defendant’s request on May 1, 2018 (hereinafter the above seizure and collection order referred to as “the instant claim seizure and collection order”).

The collection order of this case was served to K around that time.

C. On May 9, 2018, the Defendant: (a) based on the collection order and seizure of the instant claim from K on May 9, 2018, KRW 582,810,694 corresponding to the total amount claimed for the instant payment order based on the collection order and seizure of the instant claim; (b) KRW 573,591,341 interest at KRW 8,957,453

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