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1. The Hanjin Industries Co., Ltd. between the Plaintiff and the Defendants in September 17, 2014 was Ansan District Court of Suwon on September 17, 2014.
Reasons
1. Facts of recognition;
A. On March 21, 2012, the Plaintiff entered into a contract with the Defendant Home Industry Development Co., Ltd. (former trade name: Wheel tower; hereinafter “Defendant Home Industry”) and the Defendant Home Industry Co., Ltd. (hereinafter “Korea Home Industry”) to lease and lease temporary materials at the construction site B being constructed upon being awarded a contract with the Defendant, and at the construction site B being constructed by the Korea Home Industry Co., Ltd. (hereinafter “Korea Home Industry”). The unpaid amount of the temporary materials rent claim was KRW 176,251,054 as of December 31, 2012, the unpaid amount of the temporary materials rent claim was KRW 180,725,900, around April 29, 2013.
Around February 5, 2013, when the Plaintiff urged the Plaintiff to pay the above rent, the Defendant’s domestic industry prepared a written statement of direct refusal to the effect that “Korea-China Industries, until it reaches KRW 176,251,054, requested the Plaintiff to pay the construction cost to the Defendant-China Industries, and consented to the direct payment of the rent,” and delivered it to the Plaintiff and Korea-China Industries, respectively, on March 29, 2013, based on the above written statement of refusal to pay the said rent. The Korea-China Industries paid KRW 30,549,366 to the Plaintiff on March 29, 2013.
Since then, as the amount of unpaid construction materials rent increases, the defendant domestic industry entered into a contract on the assignment of claims between KRW 180,725,90 and KRW 180,725,90 among the construction cost claims in the construction site B that the defendant domestic industry will receive from the Han Heavy Industries as of April 29, 2013 in order to repay the unpaid rent amount of KRW 180,725,90, and the notification of the assignment of claims in the defendant domestic industry based on the content certification reaches the Han Heavy Industries on May 1, 2013.
hereinafter referred to as "transfer of claims" in April 29, 2013.
However, it is deemed difficult to recover claims for the construction cost at the construction site B, and the Plaintiff and the Defendant, the Defendant, the assignment of claims in April 29, 2013, becomes null and void, and the claims subject to the transfer are B.