Text
1. The Defendant’s KRW 187,173,140 for the Plaintiff and KRW 5% per annum from November 18, 2014 to October 16, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that sells construction materials, etc., and A is a person who engages in furniture manufacturing business with the trade name “B,” and the Defendant is a company that engages in construction business, etc.
B. From around 2010 to supply household materials to A, around March 2013, the Plaintiff: (a) around March 2013, the date and the details of the transferred bonds were blank to secure the claim for the purchase of materials; (b) the contract for the transfer of claims; (c) the notification of the contract for the transfer of claims; and (d) the issuance of the notification of the right of representation
C. On June 25, 2013, A entered into a contract with the Defendant for the supply and installation work of the household of the arche apartment housing that was built by the Defendant (the supply price of KRW 1,559,793,793,000, value-added tax of KRW 155,979,300, value-added tax of KRW 155,979,300), the term of the contract from June 25, 2013 to December 31, 2013 (hereinafter “instant contract”). On September 24, 2013, A suspended the said construction (hereinafter “instant contract”).
On the other hand, A, separate from the instant contract, has not received KRW 78,515,80 in total (including value-added tax) from the Defendant by September 2013, after being awarded six apartment model low-household installation works from the Defendant, and having not received the total construction cost of KRW 78,515
(hereinafter referred to as “satisfy construction cost”). (e)
On September 24, 2013, the Plaintiff sent a notice of assignment of claims to the Defendant by supplementing documents of assignment of claims to the effect that A transfers the claim of KRW 500 million to the Defendant for the purchase of goods. The above notice was delivered to the Defendant on September 26, 2013.
F. On September 25, 2013, the Defendant notified A of the termination of the instant contract on the ground that the continued performance of construction works is impossible due to the default of payment to A, and agreed to settle the construction cost of the instant contract with A around December 2013 as KRW 98,779,400 (excluding value-added tax) as shown in attached Form.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-7, Eul evidence Nos. 1-3 (including each number), and the purport of the whole pleadings.