beta
Text
1. The Defendant’s KRW 170,000,000 as well as 20% per annum from June 25, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On July 25, 2013, the Plaintiff received an assignment order (hereinafter referred to as “instant assignment order”) from the court, 170,000 won among the construction cost of “the construction cost of the instant public parking lot expansion project in Yong-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as “instant construction”). The instant assignment order was served on the Defendant on July 31, 2013, and the instant assignment order became final and conclusive on August 17, 2013.
B. Around December 5, 2012, the Defendant entered into the instant construction contract with the Cheongong Construction Co., Ltd. with the construction cost of KRW 1,314,246,400, and paid KRW 1,351,753,700 in total on five occasions as the construction cost, and the construction completion amount of KRW 374,435,70, which was paid on September 17, 2013, after the assignment order was issued to the Defendant.
[Ground of recognition] Facts without dispute, significant facts in the court, Gap evidence 1 to 4-6, Eul evidence 1 and 5, the purport of the whole pleadings
2. The assertion and judgment
A. Based on the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff the amount equivalent to the claim amount under the assignment order of this case out of the claim of this case remaining at the time when the assignment order of this case was served. Thus, the defendant is obligated to pay the plaintiff the total amount of KRW 170,000,000 and its delay damages.
However, with respect to interest in arrears, the Plaintiff sought payment of the amount calculated at the rate of 20% per annum from the day after the delivery of a copy of the complaint of this case. However, with respect to the case that is terminated after October 1, 2015 in accordance with the statutory interest rate under Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. of Amendment, the Plaintiff shall file a claim for