양수금
1. The Defendant shall pay to the Plaintiff KRW 37,562,257 and the interest rate of KRW 5% per annum from September 2, 2016 to the day of complete payment.
1. Basic facts
A. 1) C Co., Ltd. (hereinafter “C”)
(1) On July 30, 2012, the Defendant newly constructed a Class I neighborhood living facility on the ground (hereinafter “instant construction”) from the Defendant on July 30, 2012
As to the construction cost (including value-added tax) and the construction period from August 7, 2012 to October 31, 2012, a contract was concluded for the construction work that included the change of the construction cost to December 10, 2012 (excluding fire-fighting construction and electrical construction) and the construction completion period to December 10, 2012 (hereinafter “instant construction contract”).
(2) On November 19, 2012, C notified the Defendant that the instant contract would be terminated according to the dispute with the Defendant regarding the payment of intermediate payment.
3) The Defendant filed a claim against C for compensation for delay and damages due to defects arising from the instant construction contract under the Suwon District Court’s Ansan Branch Decision 2013Gahap9021, and the said lawsuit was finalized following the appellate court (Seoul High Court 2015Na24906) and the final appeal (Supreme Court 2016Da38603) that “C shall pay damages in lieu of defect repair to the Defendant, 26,859,980 won, as damages in lieu of defect repair, and damages for delay (hereinafter “related lawsuit”).
A) Meanwhile, the appraisal results in progress during the pertinent case lawsuit (hereinafter “relevant case appraisal results”).
(B) From the time of the discontinuance of construction, appraiser determined that the amount of the construction work of this case was KRW 307,978,781, and the amount of the construction work of this case was KRW 255,525,056, and the amount of the construction work of this case was KRW 55%, and the amount of the construction work of this case was KRW 255,525,056.
After the conclusion of B, on November 28, 2012, the Defendant notified the transfer contract of this case to the Defendant, and the notification reached the Defendant on November 29, 2012.
(c) seizure of claims;