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1. The Defendant’s KRW 38,976,544 as well as 5% per annum from November 7, 2014 to August 31, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 7, 2014, the Plaintiff filed a lawsuit against the Hanyang Construction Co., Ltd. (hereinafter “ Hanyang Construction”) seeking payment of the price for goods with the High Government District Court 2014Kadan61329, the said court rendered a favorable judgment on September 5, 2014, and the said judgment became final and conclusive on October 2, 2014, and the claim for payment was KRW 59,000,000,000 and damages for delay.
B. On July 17, 2014, the Plaintiff filed an application for provisional seizure of claim against KRW 40,000,000, out of the construction price claims against the Defendant, for the purpose of preserving the above claim against Han Construction. The said court accepted the Plaintiff’s application on July 23, 2014, and decided provisional seizure of claim. The said provisional seizure order was served on the Defendant on July 28, 2014.
C. After that, on September 30, 2014, the Plaintiff was issued an order and a collection order to transfer the above provisional seizure to the principal seizure by Goyang-gu District Court 2014TTT12769, and the above collection order was served on October 2, 2014.
Meanwhile, around April 16, 2014, the Defendant awarded a contract for the construction of the Gyeonggi-do Logistics Center owned by the Defendant to the Hancheon-si Construction on the ground of the 419-3 Sincheon-do dong-dong 419-3, but the said contract for the construction was terminated on August 22, 2014 as the Hancheon-si Construction did not properly perform the construction work.
E. On August 28, 2014, the Defendant settled the completed portion of the said construction at KRW 329,00,000, and around September 2, 2014, the Defendant paid KRW 188,947,00 (the fixed amount of liability shall be deducted by KRW 86,407, such as KRW 189,03,403,407, and the fractional amount shall be deducted by 189,03,407, and the total amount of KRW 139,96,593, the remainder on November 10, 2014).
F. On or around March 25, 2015, the Plaintiff received dividends of KRW 1,023,456 from the distribution procedure of the said deposit (U.S. High Court Branch A).
Grounds for recognition: there is no dispute.