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(영문) 서울중앙지방법원 2018.12.04 2018가단5118407
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 53,573,190 and the interest rate of KRW 15% per annum from August 31, 2018 to the date of complete payment.

Reasons

1. In fact, the following facts can be acknowledged by integrating the purport of the entire pleadings in each entry in Gap evidence Nos. 2-10.

The Plaintiff is a creditor who holds a claim for the construction cost against Hansung Co., Ltd. (hereinafter “Seng Company”). The non-party company is a creditor who holds a claim for the construction cost against the Defendant, and the Defendant is a third obligor against the Plaintiff.

B. On July 21, 2017, the Plaintiff filed a lawsuit claiming the construction cost of a model model project with the non-party company as the defendant at the Seoul Central District Court (2017dan64188). On October 26, 2017, the said court rendered a judgment without holding any pleadings.

The above judgment became final and conclusive on December 27, 2017.

C. On July 26, 2018, based on the above final judgment, the Plaintiff submitted to the above court (2018TTTT 13370) a written application for the seizure and collection order of the claim against “amounting to KRW 58,573,190, out of the claim for the construction cost and construction cost, and the claim for the collection order of the claim against “amounting to KRW 58,573,190, out of the claim for the construction cost and construction cost, for a model model model model model model model model model model model model model model model model model model model model model model model model model model model model model, and for the third debtor (the defendant) to the third debtor. This court accepted the application on July 30, 2018.

The decision was served on August 2, 2018 on the defendant. D.

On the other hand, in around 2016, the non-party company entered into a contract with the defendant for the construction of a model of a model of a model of a model, and completed all the construction.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff KRW 53,573,190 as well as damages for delay calculated at the rate of 15% per annum from August 31, 2018 to the day of full payment after the delivery of a copy of the claim of this case and the application for modification of the cause of the claim of this case.

3. The plaintiff's claim of this case is justified.

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