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1. The Defendant’s KRW 141,87,957 as well as the Plaintiff’s annual rate from October 7, 2012 to July 28, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the soil construction business, etc., and B is a company engaged in the construction business of civil engineering and construction business, etc., and upon receiving a decision on commencing rehabilitation procedures as Seoul Central District Court 201Mo34 on April 1, 2011, the Defendant was appointed as a manager of the rehabilitation debtor B corporation by the above court on September 25, 201.
(hereinafter referred to as “Defendant” without distinguishing the manager of B and B, the rehabilitation obligor B.
On June 17, 2010, the Plaintiff and the Defendant were performing the said construction upon entering into a subcontract with the Defendant to “D New Construction Work and Facilities Construction Work” (hereinafter “instant construction”). On April 1, 2011, the Plaintiff notified the Defendant of the termination of the said subcontract on April 14, 201 and suspended the instant construction.
C. On April 15, 201, the Plaintiff’s provisional disposition prohibiting possession, transfer, and disposal of corporeal movables 1) the Defendant had obtained permission from the Seoul Central District Court for the resumption of construction at the instant construction site and carried out new construction works. Accordingly, on May 23, 2011, the Plaintiff filed a provisional disposition prohibiting possession, transfer, and disposal of corporeal movables with respect to each of the items listed in the separate sheet No. 201Kahap1291, which was located at the instant construction site as Seoul Central District Court 201, and filed a provisional disposition prohibiting possession, transfer, and disposal of corporeal movables from the said court on June 2, 2011 (hereinafter “instant provisional disposition”).
(2) On July 29, 201, enforcement officers executed the instant provisional disposition, and attached a notice to deliver each of the items listed in the separate sheet No. 1 at the construction site of this case, and publicly notified the purport of the provisional disposition against possession, transfer, and disposal of each of the items listed in the separate sheet No. 1.
3) On August 16, 2011, August 31, 2011, and September 19, 2011, the Defendant stated in the separate sheet No. 1 attached to the instant construction site in Seoul E and F (hereinafter referred to as “the instant construction site”).