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1. On August 8, 201, the claims indicated in the separate sheet between the defendant and the non-party C Co., Ltd. were concluded.
Reasons
1. Basic facts
A. On July 26, 2010, the Plaintiff filed a lawsuit against the non-party C (hereinafter “non-party C”) with Cheongju District Court Decision 2010Gahap265, and received a settlement recommendation from the above court to the effect that “the non-party company shall pay 60 million won to the Plaintiff by September 30, 2010. If the non-party company fails to pay the above amount by the payment date, the non-party company shall pay the unpaid amount plus damages for delay calculated at 20% per annum from the day after the date of payment to the day of full payment.” The above decision became final and conclusive as it is.
B. On August 8, 2011, the non-party company was awarded a bid of D Construction Costs of KRW 205,825,000, and on the same day, the non-party company transferred all of the claim for construction cost (hereinafter “the claim for construction cost of this case”) to the Defendant, who is another creditor of the non-party company, due to the above construction (hereinafter “the claim for the transfer of this case”) and notified the assignment of the claim at the time ofcheon.
However, the non-party company was in excess of the debt at the time of the above assignment.
C. On May 4, 2012, the non-party company completed the above construction. On January 3, 2012, the Incheon City paid KRW 108,950,000 to the Defendant at a pre-paid level, and KRW 29,564,340 to the completion rate on June 14, 2012. Of the completion rate, the Plaintiff did not pay KRW 67,310,660 to the Defendant.
On the other hand, on December 18, 201, the Plaintiff received 8,131,961 won out of the principal and interest pursuant to the ruling of recommending reconciliation in the distribution procedure E-Sacheon District Court’s Cheongju District Court’s decision. If the Plaintiff appropriated it for the principal and interest, it shall be appropriated for 14,590,163 won of the interest accrued up to that time. As of December 18, 201, the principal and interest as of December 18, 201 is 66,458,202 won (=60,000 + 14,590,163 won-8,131,961).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, and Eul evidence No. 5 (including virtual numbers) and the court's Incheon market.