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(영문) 창원지방법원 2018.10.05 2018나989
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. On January 15, 2017, the Plaintiff operating a panel construction business for determination of the cause of the claim was awarded a contract for construction work of KRW 14,70,000 for the construction work from the Defendant on January 15, 2017, and the fact that the Plaintiff completed all the panel construction work on January 25, 2017 and delivered it to the Defendant may be recognized by taking account of no dispute between the parties, or by taking into account the overall purport of the pleadings as set forth in the evidence No. 1, 2, and 2.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 14,700,000 won for the above panel construction work, and to pay damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from January 25, 2017, which is the date of completion of construction, to June 13, 2017, the service date of the original copy of the payment order in this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. The defendant's defense was transferred under the oral agreement with the plaintiff that the defendant had with C Co., Ltd. (hereinafter referred to as "C") under the name of repayment of the construction cost of the above panel, and the plaintiff was ordered to provisionally attach the above construction cost claim against C. Thus, the defendant's obligation of construction cost of the printing panel against the plaintiff was extinguished.

In full view of the evidence as mentioned above and the purport of the argument in the statement No. 1 as a whole, on April 17, 2017, 2017, that the Defendant transferred the claim for construction price of KRW 82,940,200, which the Defendant had against C to the Plaintiff, to the Plaintiff by completing the claim transfer and takeover contract and attaching the Defendant’s seal, and then sending the above contract to the Plaintiff. On April 17, 2017, the Defendant sent to C a notice of assignment of claims indicating the purport of the said assignment of claims as above; on May 19, 2017, the Plaintiff sent the notice of assignment in which the purport of the said assignment of claims is indicated to C; on May 19, 2017, the Changwon District Court Decision 2017Kadan373, the Defendant’s claim for construction price against the Defendant for

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