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(영문) 인천지방법원 2015.01.09 2013가합8683

양수금

Text

1. The Plaintiff, Defendant B’s KRW 260,00,000, and the interest rate of KRW 20% per annum from March 31, 2013 to the date of full payment.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the respective descriptions of Gap evidence 1 through 6, Eul evidence 1, 3, 4, 10, 11, Eul evidence 1, and Eul evidence 1, 2, and 3 (including each number, if any, if any; hereinafter the same shall apply) and the whole purport of pleadings:

Defendant B entered into a contract between the Defendants and D, on March 27, 2012, concluded a contract with D Co., Ltd. (hereinafter “Nonindicted Company”) by setting the construction cost of the neighboring life and new housing construction on the E-ground from April 1, 2012 to September 30, 2012 as KRW 500,000,000 per day compensation rate for delay, from April 1, 2012 to September 30, 2012.

On March 27, 2012, Defendant C awarded to Nonparty C a contract for construction work for the F-based neighborhood life and new housing construction work (hereinafter “each of the instant construction works”) with the construction cost of KRW 500 million from April 1, 2012 to September 30, 2012, with the construction cost of KRW 1/1,000 per day from April 1, 2012.

The non-party company completed the construction work of the non-party company and the Defendants’ payment of the construction cost on December 14, 2012. Defendant B paid KRW 120 million to the non-party company as the construction cost on December 20, 2012 and KRW 50 million on June 8, 2012, Defendant C paid KRW 30 million on September 20, 2012, and KRW 180 million on October 31, 2012.

On November 20, 2012, the Plaintiff and the non-party company notified the transfer of the claim between the Plaintiff and the non-party company, transferred to the Plaintiff KRW 260 million out of the claim for the construction cost against Defendant B, and KRW 240 million out of the claim for the construction cost against Defendant C (hereinafter “claim transfer”).

The non-party company and the Plaintiff, when entering into the instant contract for the assignment of claims, postponed the notification of the instant assignment of claims to the Defendants until December 19, 2012, but, if the Plaintiff requested the notification of the assignment of claims on December 20, 2012 because there was no smooth agreement between the non-party company and the Plaintiff, they did not go to the Defendants.