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1. The defendant shall pay 80,689,000 won to the plaintiff and 15% per annum from July 13, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. On December 14, 2015, the Plaintiff was issued a provisional attachment order (hereinafter “instant provisional attachment order”) with the Seoul Southern District Court 2015Kadan6197, which is the debtor B, the garnishee, the Defendant, and the claim B, against the Defendant, for the extension and remodeling of the building C located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant construction”) and the claim amounting to KRW 7859,00,000,00 for the claim amount, and the said provisional attachment order was served on the Defendant on December 17, 2015.
B. On April 19, 2016, the Plaintiff filed a claim for the construction cost against B (Seoul Southern District Court 2015Da62658, 2016 Ma921) and forced conciliation between the Plaintiff and B.
On May 16, 2016, the Plaintiff received a provisional seizure and collection order (hereinafter “instant seizure collection order”) from the Seoul Southern District Court 2016TTT to the obligor B, the garnishee, the Defendant, and the Defendant B, from the Seoul Southern District Court 2016TTT 667 to the Defendant, and from the provisional seizure to the amount of KRW 80,689,000, the amount of which is KRW 80,000,000, the amount of KRW 7859,000,000, out of the above 80,689,000, was transferred from the provisional seizure to the original seizure, and the remainder of KRW 2,09,00,00, was seized as the instant seizure collection order). The instant seizure collection order was served on the Defendant on May 19, 2016.
C. Meanwhile, around October 2016, the Defendant settled and agreed on the settlement of the remaining construction cost to be paid to B and B (Evidence No. 8; hereinafter “instant settlement agreement”) at KRW 234 million.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5 (including branch numbers), Eul evidence 8, the purport of the whole pleadings]
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendant’s promotion of the lawsuit from July 13, 2016 to the day of full payment, etc., upon the Plaintiff’s request, with respect to KRW 80,689,000 to the Plaintiff.