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1. The Defendant’s KRW 40,000,000 as well as 20% per annum from January 29, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant awarded a contract to a contractor for a new construction D&D for a hot spring site area outside Busan Geum-gu, Busan, and eight parcels of land, and subcontracted the contract to E for the electrical construction and temporary installation of the said construction (hereinafter “instant subcontracted construction”) during the said construction (hereinafter “instant subcontract”).
As of July 23, 2013, the Defendant and E drafted a written contract for construction works (hereinafter “instant subcontract”). According to this, the target construction works, the construction period from June 10, 2013 to December 31, 2014, the contract amount is KRW 80,000, and the advance payment is not made, and the Defendant has to pay the progress payment to E once a month.
B. The Plaintiff filed an application for provisional attachment of KRW 40,000,000 against E, and obtained a provisional attachment order (the Busan District Court Order 2014Kadan2287 dated April 7, 2014, subject to the claim for the construction price that E would have received from the Defendant and paid by the Defendant; hereinafter “instant provisional attachment order”), which was served on the Defendant, the garnishee on April 9, 2014.
C. The Plaintiff filed a lawsuit against E on the merits of the instant provisional attachment order, and the court issued a decision in lieu of conciliation (the Busan District Court Order 2014Da32690, Sept. 18, 2014, the main content of which is to pay the Plaintiff KRW 40,000,000 by December 31, 2014), and both the Plaintiff and E were final and conclusive without objection.
Based on the aforementioned final resolution of dispute, the Plaintiff obtained a seizure and collection order (the Busan District Court Order 2015TTTT289, Jan. 8, 2015; hereinafter “instant claim seizure and collection order”) from which the said provisional seizure is transferred to the original seizure. This was served on the Defendant, who is the garnishee, on January 9, 2015.
E. The subcontracted Corporation was completed around December 2014.
[Ground of recognition] Unsatisfy, Gap 1, 2, 3, and Eul 1.