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(영문) 부산지방법원 2015.03.12 2014가합9802
양수금등
Text

1. The Defendant’s KRW 327,223,272 for the Plaintiff and KRW 6% per annum from June 24, 2014 to March 12, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On April 2, 2014, 201, office light Co., Ltd. (hereinafter “loin light”) completed the construction project by obtaining an order from the Defendant for the construction cost of KRW 511,500,000 from the Defendant. On April 2, 2014, office light and the Plaintiff and the Defendant transferred the total amount of the claim for the construction cost (hereinafter “instant claim for the construction cost”) to the Plaintiff (hereinafter “transfer of claim”), and the Defendant drafted a contract for the transfer of claim with the content of accepting the assignment of claim.

B. Meanwhile, on the other hand, on January 28, 2014, HEex transferred KRW 142,466,728 out of the instant construction price claim to FEex, Inc. (hereinafter “PEex”). On April 29, 2014, HEex, which was delegated with the power to notify the assignment of claims by means of rooftop minerals, sent a notice of the assignment of claims by content-certified mail to the Defendant at that time, and the said notice reached the Defendant at that time.

C. On July 3, 2014, the Plaintiff obtained a fixed date from a notary public A in a claim transfer and takeover contract stating that the Defendant expressed his/her intention of accepting the assignment of claims.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 3, the purport of the whole pleadings

2. As to the cause of the claim, the Plaintiff is solely liable for the payment of the remainder of KRW 469,690,000, after deducting the amount of KRW 41,810,000, which was separately agreed upon as to the payment of the construction price claim 511,50,000 from the rooftop, and the amount equivalent to the damages for delay. Therefore, barring any special circumstance, the Defendant is liable to pay the Plaintiff, a transferee of the instant claim for the construction price claim 469,690,000 and the damages for delay thereof.

3. Determination on the defense, etc.

A. The Defendant asserted a commencement decision on rehabilitation of a rooftop mine prior to the fulfillment of the requirements for setting up against the assignment of claims, and the Defendant filed an application for corporate rehabilitation with the Ulsan District Court on April 24, 2014, and the Plaintiff sent to the Defendant a certificate of contents indicated in the assignment of claims of this case on May 14, 2014, and thus cannot respond to the Plaintiff’s request.

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