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(영문) 대구지방법원포항지원 2017.04.11 2015가단10088
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 127,523,577 and the interest rate of KRW 15% per annum from November 21, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 30, 2014, the Defendant entered into a contract for construction work of building cost of KRW 3,239,50,000 with respect to the construction work of building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the south-gu, Nam-gu and the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in

B. The Plaintiff received a decision to provisionally attach the claim for the construction cost of the 116,000,000 won to the Construction Co., Ltd. (hereinafter “the provisional seizure order of this case”). The provisional seizure order of this case was served to the Defendant around that time, on the ground that there was a claim for the construction cost of KRW 116,00,000 against the Construction Co., Ltd. (Seoul District Court Branch Office 2015Kadan1521, which it had against the Defendant.

C. The Plaintiff filed a lawsuit against this Construction Co., Ltd. seeking payment of the construction cost under Daegu District Court Port Branch 2015Kadan14874, and the said court rendered a decision in lieu of conciliation with the purport that “Co., Ltd. construction shall pay to the Plaintiff the amount of KRW 116,00,000 and interest calculated at the rate of 6% per annum from January 1, 2015 to April 23, 2015, and 20% per annum from the next day to the date of complete payment.” The said decision was finalized on August 27, 2015.

On October 5, 2015, the Plaintiff transferred KRW 116,00,00 from among the claims based on the provisional seizure order of this case to the original seizure, and received the seizure and collection order of KRW 11,523,57 from among the claims based on the provisional seizure order of this case, and received the seizure and collection order of KRW 11,523,57 from the interest. The above seizure and collection order was served on the Defendant on October 8, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant shall pay the collection amount of KRW 127,523,577 to the plaintiff, the collection obligee, unless there are special circumstances.

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