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1. As of April 17, 2018, the Defendant’s Gwangju District Court 2016Kadan41161 with executory power over the construction cost case against the Plaintiff.
Reasons
1. Basic facts
A. In the Gwangju District Court case No. 2016Kadan41161 (hereinafter “instant construction cost lawsuit”), the conciliation was concluded between the Plaintiff and the Defendant on April 17, 2018, where the Defendant filed a claim against the Plaintiff for the construction cost of electricity and telecommunications construction among the new construction of new buildings and neighborhood living facilities located in Gwangju Mine-gu.
(2) The Plaintiff shall pay 30,000,000 won to the Defendant for the payment of the construction price to the Plaintiff (hereinafter “instant adjustment”). The Plaintiff shall pay 15,00,000 won to the Defendant until May 31, 2018, and 15,000,000 won shall be paid in installments until August 14, 2018. If the installment payment is not made on the date of each installment payment, the payment shall lose the benefit of the due date, and the remainder of the due amount shall be paid, and damages for delay calculated at the rate of 15% per annum from the day following the date of loss of benefit of the due date shall be paid, plus damages for delay calculated at the rate of 15% per annum from the day of full payment.”
B. Meanwhile, on August 29, 2016, the Defendant’s obligee E was sent to the Plaintiff on September 13, 2016, and the said order became final and conclusive on August 29, 2016, by taking the Defendant’s Defendant, the Defendant, the garnishee, and the third obligor as KRW 10,882,280, with respect to the instant claim for construction price as to the instant claim, based on the amount of claim KRW 10,882,280.
(hereinafter referred to as “the first collection order”). C.
In addition, on February 27, 2017, the Defendant’s creditor F Co., Ltd. was the case of Gwangju District Court 2017TTTT2856, and the debtor, the Defendant, the garnishee, and the third debtor are KRW 26,639,056, the amount of the claim was KRW 26,639,056, and the order was served on the Plaintiff on March 2, 2017 upon receipt of the order of seizure and collection regarding the instant claim
(hereinafter referred to as “the second collection order”). D.
According to the instant conciliation, the Plaintiff each of the construction costs of KRW 2,500,000 on July 2, 2018, KRW 5,000 on the 10th of the same month, and KRW 7,500,000 on the 26th of the same month.