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(영문) 의정부지방법원 2018.09.11 2017가단26454
추심금
Text

1. Defendant B:

A. From October 25, 2017 to December 18, 2017, Plaintiff (Appointed Party) KRW 14,185,424 and its related amount.

Reasons

1. Basic facts

A. (1) The Plaintiff (Appointed Party) and the Appointed D (hereinafter “Plaintiffs”) filed an application against Nonparty E for the determination of the amount of litigation costs with the Suwon District Court 2015Kao710, and on July 7, 2016, the judgment rendered on July 7, 2016 that “E, etc. shall pay to the Plaintiffs according to the judgment on the claim for the delivery of buildings, etc. by the Suwon District Court 2012Kadan97273, 2014Na444, which became final and conclusive as KRW 4,817,872, which became final and conclusive on July 2016.”

The plaintiffs filed a lawsuit against the Suwon District Court 2015da6005 damages and recourse amount, and on February 9, 2017, the plaintiffs paid to the plaintiffs 23,147,69 won and the amount calculated by applying 5% per annum from November 20, 2015 to February 9, 2017, and 15% per annum from the next day to the date of full payment. The plaintiffs won part of the judgment, which became final and conclusive on April 5, 2017.

B. Nonparty E filed a lawsuit against the Defendants for the payment of construction costs with Suwon District Court 201Gahap22354, and on December 13, 2012, the Defendants jointly and severally rendered a judgment in favor of the Defendants on the amount of KRW 57,190,700 and the amount calculated by applying 6% per annum from May 17, 201 to February 2, 2012, and 20% per annum from the next day to the date of full payment. The judgment became final and conclusive on January 5, 2013.

C. (1) The plaintiff A shall be entitled to E.

E’s claim amounting to KRW 28,370,849.

Of the claims set forth in paragraph 14,185,424 won, 14,185,425 won among the claims set forth in this paragraph, the Seoul Eastern District Court requested the attachment and collection order of the claim 2017TTT 11301, and received the decision on September 26, 2017. The decision was served on Defendant B on October 30, 2017, and on October 26, 2017.

(The Defendant’s appeal was dismissed on January 26, 2018, and the above seizure and collection order became final and conclusive around that time). Shell Plaintiff D’s appeal against E.

E’s claim amounting to KRW 23,548,977.

1,774,488 and 11.2

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