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(영문) 수원지방법원 성남지원 2018.01.16 2017가합403446
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from June 3, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On April 15, 2014, Sejong General Construction Co., Ltd. (hereinafter “Syoung General Construction”) issued to the Plaintiff a promissory note worth KRW 250 million at face value. On the same day, the said promissory note was written and issued by a notary public, with respect to the Plaintiff, a notary public, with respect to the said promissory note, with the content that the compulsory execution under the said promissory note shall be recognized by the law firm No. 100, 2014.

B. On April 28, 2016, the Plaintiff: (a) filed an application for a seizure and collection order with respect to the claim for the construction cost under the construction contract that was entered into with the Defendant for the instant construction contract (hereinafter “instant construction contract claim”); (b) on May 11, 2016, the Plaintiff received a seizure and collection order with respect to KRW 250,000 among the instant construction contract claim for construction cost (hereinafter “instant seizure and collection order”); and (c) on May 18, 2016, the said order reached the Defendant on May 18, 2016.

C. During the period from June 10, 2016 to May 2, 2017, 5,576,00,000 won, electronic tax invoices were issued to the Defendant for the total amount of KRW 5,576,00,00.

On May 2, 2017, the Defendant completed the registration of preservation of ownership on the 1st underground floor and the sloping roof of the general steel-frame structure of the second floor, 5,748.79 square meters, 1st floor, 4,772.61 square meters, 4,735.21 square meters (hereinafter “the warehouse of this case”) on the 507-1 square meters, in the deep-ro, the fluorial-ro, the fluorial-ro, the fluorial-ro, the 2nd floor of the ground.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4, the results of taxation and the purport of the whole pleadings against the director of the Gyeonggi Mine District Office of this Court

2. The parties' assertion

A. The Plaintiff’s assertion has the right to collect KRW 250 million from among the claim for construction price against the Defendant for detailed comprehensive construction by virtue of the instant seizure and collection order.

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