beta
(영문) 청주지방법원 2015.04.23 2014나3079

양수금

Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Determination as to the claim for transfer money

A. Facts of recognition 1) The Defendant is Bosung Development Co., Ltd. (hereinafter “ Bosung Development”).

2) The following content are as follows: (a) two construction works (hereinafter “each of the instant construction works”).

(1) On May 7, 2012, the subcontract date: (2) the construction period: from May 7, 2012 to June 28, 2013; (3) the construction cost: 1,468,706,800 won (including value-added tax; hereinafter the same shall apply) (b) the central one treatment-based waterworks and sewerage construction works (hereinafter referred to as “instant Chuncheon construction works”) among the projects for the extension of central public sewage treatment plants, among the projects for the extension of central public sewage treatment plants.

(1) On June 7, 2012, the subcontract date: (2) The construction period from June 7, 2012 to January 31, 2015: (3) the construction price: 2,652,904,144 Won 2) the Defendant and the Defendant agreed to terminate each of the above construction works simultaneously with the settlement agreement on the amount of the fixed construction price until the said time, while performing each of the instant construction works: (1) the final settlement amount on September 27, 2012; (2) with respect to the instant Chuncheon construction, the final settlement amount on September 27, 2012 was KRW 168,613,500; and (3) the settlement agreement on the amount of the fixed construction price was set at KRW 274,450,00, and each of the above construction works was concluded.

3) Meanwhile, on September 17, 2012, Bosung Development transferred to the Plaintiff the part of KRW 87,876,604 out of the claim for each of the instant construction payment against the Defendant (hereinafter “transfer of claim in this case”).

(B) The notice of assignment was delivered to the Defendant on the 28th of the same month, and that notice was delivered to the Defendant on the 28th of the same month. [Grounds for recognition] without dispute, Gap evidence No. 8, Eul evidence No. 1 and No. 3 (including each number, if any,

each entry, the purport of the whole pleading

B. According to the above facts of determination, the Defendant is obligated to pay 87,876,604 won to the Plaintiff, the transferee of the above claim for construction cost (=168,613,500 won), out of the total amount of the final settlement amount (=168,613,500 won), 87,876,604 won.

C. The defendant.