대여금
1. The defendant shall pay to the plaintiff KRW 38,596,950 as well as 5% per annum from January 18, 2020 to February 2, 2021.
Basic Facts
On November 16, 2015, the Plaintiff concluded a contract with the Defendant, setting the construction period as KRW 71,390,000 (including value added tax) from November 16, 2015 to December 26, 2015.
On July 1, 2016, the Plaintiff concluded a contract with the Defendant with the construction period of the Model Housing Construction Corporation (hereinafter referred to as the “Permission Corporation”) as KRW 66,00,000 (including value-added taxes) from July 1, 2016 to September 1, 2016, respectively.
On November 7, 2016, the Plaintiff concluded a contract with the Defendant for construction of the F-ground G model housing (hereinafter referred to as “Cheongju”) with the construction period from October 3, 2016 to November 12, 2016, with the construction cost of KRW 68,200,000 (including value added taxes).
On September 12, 2016, the Plaintiff paid KRW 33,000,000 to the Defendant respectively, and KRW 11,000,000 on December 8, 2016.
On March 22, 2017, the Plaintiff transferred (hereinafter “transfer of the instant claim”) the Plaintiff’s (tentative name) claim amounting to KRW 167,640,000 against the Plaintiff’s (hereinafter “the instant committee”)’s (tentative name) Regional Housing Association Promotion Committee (hereinafter “instant committee”) to the Defendant, and notified the instant committee of the transfer of the instant claim on the same day.
On March 28, 2017, the Plaintiff remitted KRW 66,000,00 to the Defendant.
From June 2017, the Defendant continued to collect claims against the instant committee from around January 17, 2020, and collected the amount equivalent to KRW 159,227,345 out of the transferred claims of this case (hereinafter “the instant collected claims”).
[Ground of recognition] The parties did not dispute between the parties, each entry of Gap's evidence Nos. 1 through 10 (including each number), Eul's evidence Nos. 1 and 2, and the plaintiff's assertion of the purport of the whole pleadings as to the transfer of the claim of this case as a whole, transferred the assignment of the claim of this case to the defendant in lieu of payment, thereby discharging all the obligations of Kim Sea Corporation, Guju Corporation, and Cheongju Corporation to the defendant.