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1. The Seoul High Court 2015Na9969 decided October 7, 2015 held that the Defendant’s construction work payment case against the Plaintiffs is enforceable.
Reasons
1. Basic facts
A. On November 2, 2012, the Defendant filed a lawsuit against the Plaintiffs for the claim for construction price as the District Court Decision 2012Gahap13078, and the above court dismissed the Defendant’s claim on January 29, 2015 (hereinafter “instant judgment”), and the Defendant appealed with Seoul High Court 2015Na969. The above court rendered an appeal as Seoul High Court on October 7, 2015 (hereinafter “the instant judgment”). The judgment became final and conclusive around October 7, 2015, stating that “the Plaintiffs jointly and severally agreed to the Defendant,” “6% per annum from October 4, 2012 to October 7, 2015, and 20% per annum from the following day to October 7, 2015.”
B. On August 6, 2012, the Defendant applied for provisional attachment (hereinafter “instant provisional attachment”) against the Plaintiffs’ claim amounting to KRW 397,800,000 against the Plaintiffs, and deposited KRW 399,195,020 as the Government District Court in order to deposit the Plaintiffs’ claim for the construction price against Gyeonggi-do (hereinafter “instant provisional attachment”). On August 13, 2012, the said court issued a provisional attachment order on August 28, 2012 and served the provisional attachment order on Gyeonggi-do on August 28, 2012, and Gyeonggi-do deposited KRW 8318 as the Government District Court in order to deposit KRW 39,195,020 as the Defendant’s deposit on November 29, 2012.
C. On February 25, 2015, Plaintiff Lee Construction Co., Ltd. (hereinafter “Plaintiff Lee Construction”) filed an objection against the provisional attachment order of this case with the Jung-ho District Court 2015Kadan50109 on February 25, 2015, and the said court decided on June 9, 2015 that the provisional attachment order of this case between Plaintiff Lee Construction and the Defendant should be revoked. On June 23, 2015, the Defendant submitted an application for rescission of the provisional attachment execution of this case to the said court, and on August 5, 2015, the notification of cancellation of the provisional attachment execution was served to Gyeonggi-do.
Plaintiff
In August 7, 2015, construction of this title was KRW 405,50,195,020, interest KRW 6,313,843, total of KRW 405,508,863 (=39,195,020, KRW 6,313,843).