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(영문) 수원지방법원 2016.09.07 2015나14522
채권양도금
Text

1. Upon the request of the plaintiff expanded in the trial, paragraph 1 of the order of the first instance judgment shall be amended as follows.

Reasons

1. Basic facts

A. On October 13, 201, the Korea Foundation Construction Co., Ltd. (hereinafter “Korea Foundation Construction”) was awarded a contract for the construction of a kindergarten building on three lots outside C (hereinafter “instant building”) by determining the construction cost as KRW 1,370,000,000 from the Defendant on October 13, 201.

B. Around October, 2011, the construction of the Korea Culture and Arts Complex completed part of the construction after the commencement of the construction work, but due to disputes with the Defendant, the construction was suspended on February 2012, and the Defendant directly performed part of the construction work.

C. On May 2012, the Korea Culture & Arts Construction Co., Ltd. concluded a new construction contract of the instant building (excluding the aforementioned construction works directly performed by the Defendant; hereinafter “instant construction”) by setting the construction cost as KRW 636,00,000 with the Defendant, and completed the instant construction work around September 2012.

On December 31, 2012, the Plaintiff received KRW 13,300,000 out of the instant construction cost from the Korea Foundation Construction, and the Korea Foundation Construction notified the Defendant of the assignment of claims on or around January 4, 2013.

E. Afterward construction of Korea: (a) the claim for the construction payment of this case against the Defendant (the claimed amount of KRW 116,493,251 = KRW 62,160,000 for the additional elevator construction cost of KRW 15,164,700 for the contract price of this case plus KRW 63,600 for the additional elevator construction cost of KRW 15,160,000 for the contract price of this case); (b) the amount of credit amount of KRW 20,50,00 for D - the amount of credit amount of KRW 13,300 for the Plaintiff - the amount of credit amount of KRW 44,023,544 for the new steel company - the amount of credit amount of KRW 142,486,00 for the repair work price of KRW 36,50 for the Defendant - the amount of credit amount of KRW 3605,60 for the above construction work price of the Plaintiff - the assigned amount of KRW 30005,53645.65

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