Text
1. The Defendant’s KRW 131,345,691 among the Plaintiff and KRW 97,858,211 among the Plaintiff, shall be KRW 33,487,480 from August 8, 2014.
Reasons
1. Basic facts
A. From April 2013 to October 2013, the Defendant awarded a contract for the instant construction work (hereinafter “instant construction”) from three companies, such as ENBD Co., Ltd. (hereinafter “EN”) to three companies, and subcontracted the construction work to KNT Co., Ltd. (hereinafter “EN”) around that time.
B. On August 21, 2013, the Plaintiff entered into a goods transaction agreement with the Plaintiff on the supply of communications equipment necessary for the instant construction site, etc.
C. On December 26, 2013, the Plaintiff entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with respect to KRW 143,520,795, out of the instant contract for the construction cost and the material cost claim against the Defendant of the Master Crafts (hereinafter “the instant contract on the transfer of claims”).
The main contents thereof are as follows:
Article 2 (Transfer Claim)
1. Plaintiff’s claim: A claim against the Defendant for the construction cost and the price of materials against the Defendant by the contract for construction, supply of materials, etc. (143,520,795 won);
2. Time when the assignment becomes final and conclusive: When the payment of the settlement price of the cost of transfer of an pseudonymis is paid by the defendant to the plaintiff before the maturity of the repayment period of the assignment claim under Article 5 (Refund of Claims) on the date of settlement from the defendant, the assignment of claims shall become null and void;
Article 6 (Notification of Assignment of Claim) At the same time as this Agreement for Transfer of Claim is entered into, the Original Amti shall notify the Defendant of the assignment of claim, or collect the Defendant’s written consent from the Plaintiff.
Article 7 (Settlement of Claim Amount) The amount of assignment of claims shall be KRW 143,520,795,000,000,000,000 for the materials supplied by the plaintiff to
C, at the bottom of the instant transfer contract, was signed by the Defendant’s representative director on the “third party debtor” column, stating “The deposit to the Plaintiff at the time of payment after the payment of the deposit amount” (hereinafter “the instant text”).
recognized.