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(영문) 전주지방법원 군산지원 2018.05.03 2017가합12051
채권양도양수 계약 등 무효 확인
Text

1. The defendant expressed his/her intention to transfer the claim to B in relation to KRW 611,00,990 among the claims listed in the attached Form.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) around November 2012, 2012: (a) the Plaintiff contracted to B the construction work for the new construction of “E building” on the ground D in Gunsan City as KRW 1,125,600,000 (including value-added tax; hereinafter the same shall apply); (b) the Plaintiff continued the construction and completed the construction work on May 2013; and (c) the Plaintiff paid KRW 1,100,000 to B in total; (b) on March 11, 2013, the Plaintiff contracted to B the construction work for KRW 2,839,150,000 on the ground of “G building” on the ground of Gunsan City; (c) the Plaintiff completed the construction work on December 12, 2013; and (d) the Plaintiff paid KRW 3,000,000 to B.

3) The Plaintiff filed a lawsuit against B seeking compensation for damages in lieu of defects and non-construction details in each of the above buildings (former District Court Decision 2017Da10321). As a result of the appraisal of defects in each of the above buildings, the said lawsuit was assessed to require KRW 54,62,869 in total to repair the defects of the above buildings and to construct the non-construction parts. Accordingly, on October 27, 2017, the said court rendered a judgment that “B shall pay damages for delay calculated at the rate of KRW 25,60,000 from February 7, 2017 to 208, the construction contract was concluded between B and Gwangju High Court (hereinafter referred to as “the construction contract was concluded between B and Gwangju High Court”) with the Plaintiff and the construction contract amount of KRW 519,062,869 in lieu of repair of defects and non-construction parts.

(hereinafter referred to as “B’s claim for the construction work price in the following cities: (a) B shall include a limited liability company on June 24, 2016.

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