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(영문) 서울중앙지방법원 2014.09.23 2013가단174087

양수금

Text

1. The Defendant’s KRW 73,760,620 for the Plaintiff and KRW 5% per annum from August 20, 2008 to September 23, 2014.

Reasons

1. The plaintiff's claim seeking payment is acceptable, asserting that the plaintiff acquired the claim for construction cost equivalent to the amount set forth in Paragraph 1 of the order which the plaintiff originally acquired against the defendant from B around April 2008.

The reasons are as follows.

The direct payment of the construction price, etc. was made in order of the "Direct Payment of the remainder, etc." excluding the amount claimed by the large amount of the plaintiff 73,760,620 won (Plaintiff 113,760,620 won) among the total amount of the request for direct payment of the construction price (a statement of direct payment by company in preparation B and a copy, etc. of the passbook by company) to the defendant B upon the defendant's demand that the plaintiff et al. make the payment of the construction price for the plaintiff et al. for the plaintiff et al. for the plaintiff et al. for the defendant B, at the request of the defendant.

The above direct payment request and the above direct payment made by the defendant are not merely an abstract establishment of construction or delivery contracts, but it was made in the situation where the performance under each contract was made by the defendant Eul, and only the payment (payment) or liquidation was delayed at the stage of specific establishment and confirmation of the claims, etc. for each construction price against the defendant B and the creditors B.

The defendant did not raise any objection against B's request for direct payment, and around June 20, 2008 and the same year.

8. Around 19.19. Around 20 million won, a total of KRW 40 million was paid to the Plaintiff (transfer).

After B’s request for direct payment, the obligees in B did not request the payment of the unpaid construction cost against the Defendant as well as the total amount of KRW 217,396,810 (no dispute exists as to the fact that they had been responsible for the debt corresponding to that amount against B) of the amount requested for direct payment of KRW 73,760,620 against the Plaintiff.