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1. The Defendant’s KRW 120,492,745 as well as 6% per annum from November 8, 2014 to January 20, 2016, and the following.
Reasons
1. Basic facts
A. On November 6, 2012, the Defendant subcontracted each of the construction works for water supply and drainage pipes (hereinafter “third-party construction works”) among the construction works for expansion of the road between B and B ordered by the Seoul Regional Land Management Agency of the Ministry of Land, Transport and Maritime Affairs (hereinafter “instant construction works”). On September 30, 2013, the Defendant supplied oil to the said site from March 1, 2013 to December 3, 2013 under the oil supply contract concluded with the non-party company (hereinafter “the instant construction”).
B. On December 19, 2013, the Plaintiff was issued a provisional attachment order against the Defendant of the non-party company as Seoul Northern District Court Decision 2013Kadan7364, which was 157,460,857, to preserve the claim for the above oil payment amounting to KRW 157,460,857, and on December 24, 2013, the Plaintiff filed a lawsuit against the non-party company for the above goods payment amounting to KRW 20,467,445 by March 31, 2014. If the non-party company fails to pay the above money to the Plaintiff by the payment date, the adjustment was established to the effect that the amount shall be added by 10% per annum from April 1, 2014 to the date of full payment.
When the non-party company delayed the payment of the amount of the above adjustment, the Plaintiff applied for a provisional seizure and collection order to transfer the above provisional seizure to the same court as the execution title. On April 4, 2014, the Plaintiff received a seizure and collection order as to KRW 120,492,745 out of the above subcontract construction cost claim, and the above order was served on the Defendant on April 9, 2014.
C. The non-party company delayed the payment of goods, wages, etc. to the cooperation companies including the plaintiff, and the defendant on May 2, 2014 shall be the cooperation companies with the non-party company.