beta
Text
1. The Defendant’s KRW 449,347,704 as well as 5% per annum from January 23, 2017 to December 13, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. A. Around July 2006, the Plaintiff entered into a contract on the removal of a building on the ground of the site outside Busan Dong-gu, Busan and paid a total of KRW 200,000,000,000 on three occasions with an agreed amount.
B. Around August 2010, the Plaintiff filed a lawsuit against C&C with Changwon District Court 2010Kahap8365, which ordered the Plaintiff to pay 200,000,000 won to the Plaintiff as well as 5% per annum from September 3, 2008 to October 18, 2010, and 20% per annum from the next day to the date of full payment. The above judgment became final and conclusive around that time.
C. On December 2, 2014, Western C&C drafted a notarial deed of debt repayment (quasi-loan for Consumption) agreement (hereinafter “notarial deed of this case”) with the notary public office No. 11119, as to KRW 6,500,000,000 of the claim arising from a loan agreement for the alteration of the quantity of the development project and the water supply system, against the Defendant of Western C&C, as against the Defendant.
On July 5, 2016, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) against KRW 449,347,704 from among the claims against the Defendant of Snb C&C based on the instant notarial deed with the Busan District Court Decision 2016TTTT 13251, and the said Changwon District Court Decision 2010Gahap8365, as the claim against the Defendant. This was served on the Defendant around that time.
E. On January 11, 2017, the Plaintiff sent to the Defendant a certificate of content that “the details of the collection amount according to the above claim seizure and collection order shall be transferred within ten (10) days after being served with a certificate of content of the collection amount according to the above claim seizure and collection order (hereinafter “certificate of content of this case”). The Plaintiff reached the Defendant on January 12, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings
2. Determination
A. According to the above facts, there are special circumstances.