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(영문) 서울서부지방법원 2016.01.15 2014가합37835

양수금

Text

1. The Defendant’s KRW 169,042,398 for the Plaintiff and 6% per annum from October 20, 2012 to October 20, 2014 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 23, 2012, the Defendant entered into a contract with the White Land Co., Ltd. (hereinafter “White Land”) to purchase goods as indicated in the following table with respect to construction works with respect to the 30-permanent area of the motorway No. 30.

(hereinafter “instant purchase contract”). Until December 31, 2012, 2012, KRW 15-16-2,150,000,000,000 ready-mixed with 13-14-2,000,000 won on the date of the supply of the goods to the extent that the goods are supplied. By December 31, 2012, KRW 150,000,000,000.

B. On September 20, 2012, in order to obtain a loan of 2.166 million won from the Korean bank (hereinafter “Korea bank”), the White Bank entered into a credit guarantee agreement with the Plaintiff on September 20, 2012, and received a credit guarantee agreement with the Plaintiff from the Plaintiff on the guarantee principal of KRW 1.836 million (85%) until September 17, 2013, the guarantee period of which is the guarantee creditor, and the credit guarantee agreement with the Korean bank. As the special terms of the said credit guarantee agreement, the White Bank shall obtain the amount of the loan out of the construction price of the purchase contract of this case from White to the Defendant and obtain the consent and the fixed date from the Defendant, and if the guarantee obligation is discharged from the Plaintiff, it shall transfer the construction price claim against the Defendant to the Plaintiff.”

C. On September 24, 2012, in accordance with the terms and conditions of the said credit guarantee agreement, the 00 billion won of the claim for construction payment under the instant purchase agreement (including the modified and modified contract) against the Defendant was transferred to the Bank, and the 1st assignment of the claim is called “the first assignment of claims”.

On September 28, 2012, the defendant accepted the first assignment of claims without objection. D.

Pursuant to the instant purchase contract, White case supplied the Defendant with ready-mixed and received advance payment from the Defendant on April 30, 2012; the first progress payment on July 30, 2012; the second progress payment on August 31, 2012; and the third progress payment on September 26, 2012; and the third progress payment on September 26, 2012 was confirmed from the Defendant on October 18, 2012.

E. The plaintiff made a recommendation on the white spot.