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(영문) 인천지방법원 2014.11.19 2014가합8277
추심금
Text

1. The Defendants:

A. As to the Plaintiff A’s KRW 13,227,841 for each of them, Defendant C shall be from July 24, 2014; Defendant D shall be from July 24, 2014; and Defendant D shall be from July 2014.

Reasons

1. Indication of claim;

A. The Plaintiffs filed a lawsuit against G for the claim for construction price under the Incheon District Court Decision 2013Gahap20089, and on March 5, 2014, the judgment of the court below (hereinafter “the judgment of this case”) that “G would pay to Plaintiff B the amount of KRW 72,00,000, KRW 49,000, KRW 49,000, and delay damages for each of the said payments,” and the judgment of this case became final and conclusive around that time.

B. On April 22, 2014, according to the instant judgment, Plaintiff A was issued a collection order for the seizure and collection of the claim (hereinafter “instant seizure and collection order for the first claim”) to transfer the provisional attachment to the original attachment with KRW 13,227,841 as to the claim amount by the third obligor as to the construction price claim against G and the Defendants of the third obligor as the obligor G and the third obligor, respectively, as to the claim for construction price against G’s Defendants. At that time, the first claim seizure and collection order for the first claim was served on the Defendants and finalized.

C. On April 23, 2014, Plaintiff B, based on the instant judgment, was issued a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the claim for construction price against G’s Defendants as the debtor G and the Defendants as the Incheon District Court 2014TT No. 12716, and with respect to the claim for construction price against G’s Defendants as KRW 19,274,115, respectively, and transferred the provisional seizure to the original seizure. At that time, Plaintiff B received the seizure and collection order for the second seizure and collection order for the Defendants.

Therefore, the Defendants are obligated to pay to Plaintiff A 13,227,841 won, and each of the above amounts of KRW 19,274,115, as well as damages for delay calculated at the rate of 20% per annum from the day after the copy of the instant complaint is served to the day of complete payment.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the judgment deemed to be a confession.

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