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1. The Defendant shall pay to the Plaintiff KRW 395,706,190 and the interest rate of KRW 12% per annum from May 23, 2019 to the date of full payment.
Reasons
1. The basic facts
On October 24, 2014, the Plaintiff drafted a notarized deed No. 1340, 2014 (hereinafter “notarial deed of this case”) with the purport that the Plaintiff shall receive the construction cost from C (hereinafter “instant construction cost”) between C and C (hereinafter “C”) as KRW 365,893,888.
B. On February 26, 2019, based on the instant authentic deed, the Plaintiff received a collection order on February 26, 2019, designating C as the garnishee, Defendant, E, and F as the garnishee.
(B) A claim for a collection order under the instant order is filed with the Busan District Court No. 2019 Other 51467 (hereinafter “the instant order”). The claim for the said collection order is KRW 436,787,462 (=the principal amount 235,893,888 (hereinafter “the principal amount of the instant remaining construction price”) excluding the portion partially repaid by C among the construction price in the instant case.
() Of the instant construction cost, KRW 200,893,574, which is the interest accrued from March 1, 2015 to February 12, 2019, was KRW 386,787,462, which is a part of the instant construction cost. Of these, claims against the Defendant are KRW 128,929,154, “The Defendant’s claim against the Defendant is KRW 128,929,154, the Defendant’s claim against the Defendant for the construction cost of each newly constructed building that C received and performed from the Defendant (hereinafter “instant claim for the construction cost of the instant case”), and the amount until the said claim is made (excluding claims prohibited from seizure pursuant to Article 88(1) of the Framework Act on the Construction Industry).”
The above collection order was served on March 4, 2019 on the defendant.
C. On April 30, 2019, based on the instant notarial deed, the Plaintiff received a collection order on April 30, 2019 by designating C as the obligor and the Defendant as the third obligor.
(Dasan District Court No. 2019 other debt 54944, hereinafter “the second collection order of this case”). The claim for the above collection order refers to the collection order of this case including the first collection order of this case. The claim amounting to KRW 445,706,190 = The remainder of the construction price of this case = KRW 235,893,888 of the principal of the remaining construction price of this case.