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(영문) 수원지방법원 2020.08.13 2020가단6449
추심금
Text

The defendant shall pay 4,571,600 won to the plaintiff and 12% per annum from April 17, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 27, 2017, the Defendant entered into a contract with D (hereinafter “D”) and the Defendant entering into a contract to set the contract amount of KRW 6.389 billion (including value-added tax) and the construction period from January 2, 2018 to December 30, 2018 for the construction of the instant construction project facilities and urban-type residential housing (hereinafter “instant construction”) with D, the wife E and F Ground Business Facilities and Urban-type Residential Housing Corporation (hereinafter “instant construction”).

B. D immediately after the conclusion of the instant contract, the instant construction was commenced and completed, and the Defendant paid KRW 6,261,208,000 to D as the construction cost from December 28, 2017 to December 31, 2019.

C. The Plaintiff filed an application for provisional attachment against D’s Defendant on January 24, 2019, with respect to the instant claim for the construction cost of KRW 48 million against D, with respect to the instant claim for the construction cost of construction payment against D, under the branch court of Suwon District Court 2019Kadan34, and received a provisional attachment order on January 24, 2019. The decision was served on the Defendant around that time.

On December 11, 2019, the Plaintiff filed a lawsuit claiming construction price against D with the Suwon District Court Branch Branch Branch of 2019Ga1048, and rendered a judgment on December 11, 2019 that “D shall pay to the Plaintiff the amount of KRW 39.42 million per annum from December 1, 2017 to December 11, 2019, and the amount of money calculated at the rate of KRW 6% per annum from the next day to the date of full payment.” The judgment was finalized on December 31, 2019.

E. Based on the above judgment finalized on January 17, 2020, the Plaintiff transferred KRW 44,571,600, out of the total amount of KRW 48,800,000, which was provisionally seized by Suwon District Court Branch Decision 2020TT25, and received a seizure and collection order that grants the right to collect the claim for the construction price of the instant case seized, and the order was served to the Defendant around that time.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant, unless there are special circumstances, shall pay the remaining construction cost to the plaintiff, the collection authority, 117,792.

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