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(영문) 제주지방법원 2016.04.29 2015가단4190
추심금
Text

1. The Defendant’s payment of KRW 37,586,51 to Plaintiff A, KRW 1,460,448 to Plaintiff B, and each of the above amounts from November 12, 2015.

Reasons

Based on the facts, the Plaintiffs filed a lawsuit against the Jeju District Court No. 2014da16813 against C (hereinafter “C”), and the said court accepted the Plaintiffs’ claim and rendered a judgment that on January 23, 2015, C paid to the Plaintiff 38,949,190 won, and the amount calculated by the rate of 20% per annum from October 10, 2014 to the date of full payment.

The above ruling was finalized on February 12, 2015.

At the same time, the Plaintiffs filed a lawsuit at the same time, as Jeju District Court 2014Kadan1909, filed an application for provisional attachment of claims against KRW 15,772,987, which was based on a subcontract agreement regarding the construction of machinery and equipment among the construction of the D Center, which C holds to the Defendant (hereinafter “D Center construction cost”).

Of the plaintiffs' claims amounting to KRW 47,318,960 (the total amount of claims against other third-party debtors), the amount of claims by the plaintiff against the defendant was KRW 12,983,064, and the amount of claims by the plaintiff Eul was KRW 2,789,924.

On November 25, 2014, the above court rendered a ruling of provisional seizure of claims by citing this.

(hereinafter “instant provisional attachment decision”). The said decision was served on November 26, 2014 on the Defendant.

Since then, based on the executory exemplification of the above judgment, the Plaintiffs filed an application for the seizure and collection order to transfer the provisional seizure to the main seizure from Jeju District Court 2015TT84.

On February 11, 2015, the above court accepted it and transferred the provisional seizure according to the above provisional seizure order to the original seizure, and newly seized the damages for delay that occurred during the period, and issued a collection order according to the above seizure.

Of the total amount of KRW 3,200,883, which was newly seized according to the above decision, the part against the defendant is KRW 853,681, Plaintiff B213,281.

In other words, the plaintiffs are the above Jeju District Court No. 2014Kadan16813 among the claims for the construction payment against the defendant of Jeju District Court No. 2015 Ta1634.

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