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1. The Defendant’s KRW 50 million to the Plaintiff and the Plaintiff’s 5% annual interest from May 10, 2016 to August 17, 2016.
Reasons
Basic Facts
On January 25, 2014, the Defendant entered into a contract with B (hereinafter referred to as “B”) on the construction of new facilities related to animals and plants located in C, with respect to the construction of new facilities located in C, and entered into an agreement on May 1, 2014, stipulating the cost of the additional construction as KRW 100 million. On October 10, 2014, the Defendant entered into an agreement with B (hereinafter referred to as “B) to settle the said additional construction cost in KRW 60 million.
(The construction cost under the first contract shall be paid in full). On July 21, 2015, the 10 million won out of the above 60 million won has been paid, and the 50 million won has not been paid.
B On April 11, 2016, on the part of the Plaintiff, transferred a claim of KRW 50 million for the said unpaid construction cost (hereinafter “instant claim”) against the Defendant, and notified the Defendant of the purport thereof on May 9, 2016.
[Ground of recognition] The plaintiff received the claim of this case from B for the purpose of litigation in the form of B representative director D's relative relationship. Thus, the plaintiff's lawsuit of this case is unlawful by a litigation trust.
Judgment
The evidence submitted by the defendant alone is insufficient to recognize that the plaintiff's lawsuit of this case is due to the litigation trust, and there is no other evidence to acknowledge it.
Rather, according to the purport of the evidence Nos. 8 and 9-1 through 7 of the evidence Nos. 9 and the whole pleadings, the Plaintiff acquired the instant claim in order to receive part of the claim against B, as well as the fact that the Plaintiff jointly and severally guaranteed the issuance of the letter of guarantee from the Korea Credit Guarantee Fund, and that the said joint and several surety subrogated the amount of KRW 47 million, and that the amount of KRW 66,446,400 was not paid for construction materials and tools supplied to B. In addition, the Plaintiff received part of the claim against B.