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(영문) 수원지방법원안산지원 2012.06.28 2011가합5452
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 544,00,000 and the interest rate of KRW 20% per annum from November 1, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 30, 2004, the defendant selected C Co., Ltd. (hereinafter "C") as a specialized management business entity for reconstruction improvement projects, such as D's housing, etc., on the luminous life, and entered into a contract for the rearrangement project to provide C with the services necessary for district unit planning, district designation, review of feasibility, preparation of implementation plans for reconstruction improvement projects, etc. (hereinafter "services"). The defendant shall pay KRW 3,78,713,00 with service fees, and the defendant shall pay KRW 10% of them at the time of contract, KRW 20% at the time of completion of draft consent necessary for the designation of the reconstruction project zone, KRW 30% at the time of completion of management and disposal plan, and KRW 10% at the time of commencement and completion of construction.

B. By January 31, 2007, the Defendant paid C the amount of KRW 2,267,227,800 (=3,778,713,000 x 60%) (i.e., 3,778,713,00 x 60%) of the service fee of this case. The remainder of the service fee of this case at the time was KRW 1,51,485,200 (==3,778,713,000 x 40%).

C. C on December 20, 2006, transferred KRW 1,500,000,000 among the service fee claims of this case to E, and notified the Defendant of the assignment of the above claim on January 11, 2007 (However, C shall give notice of the assignment of claim of this case (hereinafter “written notice of assignment of claim of this case”).

on November 8, 2005, stated that the transfer claim is KRW 1,500,000,000.

On January 12, 2007, C’s employees F received the above notification. D.

E on November 25, 2009, transferred to G service fee of KRW 1,500,000,000, which was transferred to G as above, and notified the Defendant of the assignment of the above obligation on November 26, 2009. The notification of the assignment of obligation was delivered to the Defendant on November 27, 2009.

E. On May 12, 201, G transferred KRW 544,00,000 among the service fees of KRW 1,50,000,00,00 that it acquired to the Plaintiff as above, and notified the Defendant of the said assignment of claims on May 13, 201, and the said notification of assignment of claims reached the Defendant on May 16, 201.

F. The defendant provides services from C.

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