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(영문) 춘천지방법원 영월지원 2017.01.25 2016가단2791
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,00,000 and the interest rate of KRW 15% per annum from October 5, 2016 to the date of complete payment.

Reasons

On May 26, 2015, C entered into a contract for the construction of facilities with the content that the construction amount shall be KRW 200,000,000 with respect to E (hereinafter “instant construction”) located in Pyeongtaek-gun D (hereinafter “instant construction”).

The instant project is a subsidized project to which the Subsidy Management Act (hereinafter “Subsidy Act”) applies, and the Defendant bears KRW 150,000,000 out of the construction cost of the instant case, and the remainder is borne by the Agricultural Technology Center.

On the other hand, on August 19, 2015, the Plaintiff filed an application for provisional attachment against the Defendant’s claim for the amount of KRW 70,000,000 against C as the preserved right, under the Incheon District Court Decision 2015Kadan5512, and the Defendant filed an application for provisional attachment against the instant claim for construction payment against C on September 10, 2015 (hereinafter “instant provisional attachment”). On September 10, 2015, the provisional attachment order on the said claim was served on the Defendant on September 15, 2015.

On May 13, 2016, the Plaintiff applied for a payment order against C seeking payment of KRW 54,000,000 for the goods price of KRW 54,00,000 for goods and delay damages therefor by the Incheon District Court Decision 2016Da3368, and the payment order was finalized on May 31, 2016 upon receipt of the above payment order on June 15, 2016.

Accordingly, on July 14, 2016, the Plaintiff filed an application for the seizure and collection order (In Incheon District Court 2016 Doz. 17012) with the content that the portion of KRW 54,00,000 among the claims for the purchase of goods, which was provisionally seized pursuant to the provisional seizure of this case, is transferred to the original seizure. On July 27, 2016, the Plaintiff received the seizure and collection order from the above court, and on July 29, 2016, issued the above order of seizure and collection to the Defendant.

(2) The Plaintiff’s assertion of the purport of the entire pleadings and evidence Nos. 1, 2, 3, 4, and 7, and the Plaintiff’s assertion of the purport of the entire pleadings, upon receiving a contract from the Defendant for the instant construction from the Defendant. As of July 27, 2016, the Plaintiff received approximately KRW 200,000,000 out of the construction price as of July 27, 2016.

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