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(영문) 대구지방법원 2017.04.04 2016가단128763
양수금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from January 4, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff had a claim of KRW 100,000,000 for the amount of goods sold to B.

B. On October 21, 2014, B subcontracted the following construction works from the Defendant and completed the construction works:

(1) Construction name: Construction period of a new parcel of land outside C, and four parcels of land: From October 21, 2014 to December 5, 2014.

C. On August 18, 2016, the Plaintiff acquired KRW 100,000,000, out of the claim for construction payment against the Defendant from B from August 18, 2016.

B notified the Defendant of the assignment of the above assignment on August 22, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 100,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 4, 2017 to the day of full payment, as sought by the Plaintiff.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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