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(영문) 서울남부지방법원 2017.10.12 2017가합101240
양수금
Text

1. As to Defendant Daeyang Construction Co., Ltd.: (a) KRW 208,951,465 and KRW 119,029,265 among the Plaintiff, May 22, 2015.

Reasons

Basic facts were based on the claim claim against Defendant Daeyang Construction Co., Ltd. and Defendant Daeyang Construction Co., Ltd. (hereinafter “New Chang Construction”) filed a lawsuit against Defendant Daeyang Construction Co., Ltd. (hereinafter “Defendant Daeyang Construction”).

On February 3, 2016, the Cheongju District Court rendered a ruling that the construction of Daeyang shall pay 89,922,200 won to New Zealand and the interest rate of 15% per annum from December 30, 2015 to the date of full payment (the above court Decision 2015Da8916 decided; hereinafter the above ruling referred to as the "claim for Construction Costs") and the above ruling became final and conclusive on February 18, 2016.

B applied for a payment order against Defendant Daeyang Construction Co., Ltd., and the payment order stating that Defendant Taeyang Construction Co., Ltd. paid the amount calculated at the rate of 20% per annum from May 22, 2015 to the date of complete payment. The payment order was issued on May 18, 2015.

(A) On December 23, 2016, the Plaintiff entered into a contract on the acquisition of the instant claim for the construction cost of the instant case, which the said company and New Zealand, acquired at KRW 30 million, and paid KRW 30 million on the same day. The Plaintiff paid KRW 30 million on December 23, 2016.

On January 20, 2017, the Plaintiff entered into a bond acquisition agreement with B and the pertinent company to acquire all of the instant royalty claims against Defendant Daeyang Construction amounting to KRW 20 million and paid KRW 20 million on the same day.

The Plaintiff, with the delegation of New Zealand and B, notified each of the instant assignment of claims to Defendant Daeyang Construction by content-certified mail on December 25, 2016 (the instant claim for construction payment) and January 20, 2017 (the instant claim for usage fee) but was impossible to serve.

Defendant Daeyang Construction and Defendant .

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