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(영문) 서울서부지방법원 2014.11.28 2014가단30547
채권양수금
Text

1. The Defendant’s KRW 5,200,000 and its amount shall be 6% per annum from December 17, 2013 to June 26, 2014 to the Plaintiff.

Reasons

Comprehensively taking account of the facts not disputed between the parties and the overall purport of arguments in Gap evidence Nos. 2, 3, Eul evidence Nos. 1, 2, and 3, the Sam Young-gu Co., Ltd. (hereinafter "Seo-gu Co., Ltd.") changed a contract for construction work that was concluded before the defendant company on September 28, 2012 and concluded with the defendant company for construction work by November 30, 2012. The non-party Co., Ltd. received a contract for construction work as the business of the non-party Co., Ltd. for construction work within the agreed period; the non-party Co., Ltd. completed the construction work within the agreed period; the non-party Co., Ltd. received 65,200,000 won from the non-party Co., Ltd. for the defendant company on December 10, 2013; the non-party Co., Ltd. transferred the above fact to the defendant on the same date; the non-party Co., Ltd. received 2005% of the construction price from the plaintiff Co.

In regard to this, the defendant company is obligated to submit an insurance policy to guarantee the performance of defects to the defendant company, and the non-party company is also obligated to repair defects, such as inspection of defects and supplementation of facilities, and the defendant company is in a simultaneous performance relationship with the obligation to pay the construction price of the defendant company, and the defendant company is required to be notified of the above assignment of claims. Thus, the non-party company is unable to comply with the plaintiff company's claim that acquired the above claim for the construction price from the non-party company until the defect repair is completed

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