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(영문) 창원지방법원 2015.10.29 2015가합32752

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from May 23, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On October 1, 2013, the Plaintiff entered into a construction contract and the Plaintiff’s claim for the construction cost. On November 1, 2013, the Plaintiff entered into a construction contract with the Defendant, setting the construction period from November 6, 2013 to March 31, 2014 with respect to the system construction work among the new construction works in Busan-gu B, Busan-gu, Busan-si, with the construction cost of KRW 524,025,00 (hereinafter “instant construction contract”).

(2) On November 5, 2014, the Plaintiff entered into an additional construction contract amounting to KRW 47,206,000 between the Defendant and the Defendant.

3) Around December 2014, the Plaintiff completed the instant construction work and the additional construction work equivalent to KRW 44,486,000. (4) Meanwhile, the Plaintiff received payment from the Defendant in total of KRW 228,258,640.

B. 1) On February 25, 2015, the Plaintiff entered into a contract for assignment and takeover of claims with the Defendant C (hereinafter “C”) with the Defendant.

A) A contract was concluded to acquire the claim for construction cost of KRW 330,000,000 (hereinafter “instant transfer of claim”).

The defendant notified the assignment of claims to C on the 26th of the same month.

, the transferor, the Bank of the Bank of Korea, and the Bank of the Bank Corporation A

1. The debtor's indicated debtor: C representative directorD;

2. The amount of the transfer and acquisition of the balance of the construction cost for Changho and Miscellaneous Corporation in the indication B of the claim for transfer and acquisition: 30,000,000 won shall be the debtor with the claim for the construction cost related to the above new construction work in Yeongdeungpo-gu Busan Metropolitan City. The transferor of the claim shall conclude a contract to transfer and acquire the claim for the remainder of the construction cost for Changho Construction Corporation in the amount of KRW 330,00,000,000, which the transferee performed among the claim for the construction cost, to A (representative E) by the transferee of the claim.

After all, the assignee agrees not to raise any objection against the transfer or acquisition of the contract price to the transferor.

2) The main contents of the instant transfer and acquisition contract are as follows. [The fact that there is no dispute over the grounds for recognition, and the evidence A1 through 3, respectively.]