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Reasons
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(영문) 수원지방법원 2016.04.05 2015가합2372
양수금
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1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual rate of 5% from February 25, 2015 to April 5, 2016 and the following.

Reasons

1. Basic facts

A. On April 26, 2013, the Defendant awarded to C Co., Ltd. (hereinafter “Nonindicted Company”) a contract for the construction of a new factory B on the D ground (hereinafter “instant construction”) from April 26, 2013 to September 30, 2013 for the construction period, the construction cost of KRW 3,00,000,000 (excluding value-added tax).

(hereinafter “instant contract”). (b)

On July 15, 2013, the non-party company transferred KRW 500,000,000 among the bonds for construction of a factory held by the non-party company against the defendant.

(hereinafter referred to as the “transfer of claims of this case”).

On April 18, 2014, Nonparty Company notified the Defendant of the assignment of claims by content-certified mail, and the above content-certified mail reached the Defendant around that time.

Meanwhile, with respect to the instant contract on September 30, 2013, the Defendant and the non-party company agreed to change the construction period from April 26, 2013 to December 31, 2014, to KRW 4,000,000,000.

(hereinafter “instant modified agreement.” From May 3, 2013 to January 27, 2014, the Defendant paid KRW 3,300,000,000 to the non-party company as the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 11, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff Company’s claim for the total construction cost against the Defendant was KRW 4,00,000,000, and the Defendant paid KRW 3,300,000 to the Nonparty Company. As such, the Defendant’s claim for the remainder of the construction cost against the Defendant of the Nonparty Company exceeds KRW 500,000. Since the Plaintiff acquired the claim for KRW 500,000 out of the claim for the said unpaid construction cost from the Nonparty Company, the Defendant is obliged to pay the Plaintiff the said amount and the delay damages. 2) The Defendant Company’s claim for the construction cost that the Plaintiff acquired from the Nonparty Company was transferred from the Defendant Company as of July 15, 2013, which is the date of the assignment of the instant claim.

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