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(영문) 대구지방법원서부지원 2015.12.03 2015가단9237
양수금
Text

1. The Defendant’s KRW 42,900,000 as well as the Plaintiff’s KRW 20% per annum from April 3, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. B, around May 1, 2014, contracted by the Defendant for the construction cost of KRW 42,90,000 (including additional tax) for the Cheongdo-dong-dong-dong Cheongdo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

(hereinafter referred to as the “instant Changho Corporation”). (b)

On August 12, 2014, B transferred to the Plaintiff the instant claim for the cost of the Hoho Construction, and notified the Defendant of the transfer on March 20, 2015.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1 to 3, 5, and 6 (including paper numbers), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 42,90,000,000 and damages for delay calculated at the rate of 20% per annum from April 3, 2015 following the delivery of a copy of the complaint of this case to September 30, 2015, as requested by the Plaintiff, as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as to the delivery of a copy of the complaint of this case from April 3, 2015 to the day of full payment.

(1) The Plaintiff’s claim is dismissed on October 1, 2015, and the damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of full payment. However, the Plaintiff’s claim that the Plaintiff may not claim the amount of the Plaintiff’s transfer of the right or obligation arising in relation to the title construction of this case between B and B, but the Plaintiff’s claim that the Plaintiff may not claim the amount of the transfer of the claim against the Defendant, on the ground that “the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings was amended on September 25, 2015 and enforced from October 1, 2015, and the damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the day of full payment.

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