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(영문) 전주지방법원 2018.10.24 2017가합3078
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. D Co., Ltd. related to the parties (hereinafter “D”) is an executor who implemented a new construction of “E Urban Residential Housing” (hereinafter “instant construction”) in Kim Jong-si, and the Defendant is the contractor of the instant construction.

The Intervenor joining the Defendant (hereinafter referred to as the “C”) was subcontracted with the Defendant for the mechanical facility work during the instant construction.

B. On December 1, 2014, D, the Defendant, and C agreed to pay D the subcontract price for the part executed by C directly to C on December 1, 2014, and the written request for payment was prepared on January 21, 2015 between D and the Defendant, and C (hereinafter “each of the instant documents”). The main contents were that “The construction price of the instant case shall be paid within ten days after completion, and the balance shall be paid in D by settling accounts within thirty days after completion.”

C filed a lawsuit against the Defendant for the claim for the construction cost (the Jeonju District Court Decision 2015Ga3203, hereinafter “Prior Action Litigation”) and rendered judgment in favor of the Defendant on August 19, 2016 that “The Defendant shall pay C KRW 300 million and the amount calculated by the rate of 6% per annum from January 12, 2016 to August 19, 2016, and 15% per annum from the next day to the date of full payment”.

C. The assignment of claims C by the Plaintiff and C concluded a contract for the assignment of claims (hereinafter “instant contract”) on or before December 2016, and obtained the fixed date in the instant contract. The content of the contract is as follows.

C On January 13, 2017, the Defendant notified the content of the instant contract by certified mail.

The transferor of a contract for the assignment of claims: The transferee shall transfer the following claims held by the transferor to the transferee, and the transferee shall acquire the claims.

-I am to transfer to the assignee the judgment claim of the preceding case to be received from the defendant.

-The principal of the judgment rendered below: 300,000,000 won;

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