(영문) 수원지방법원안산지원 2019.11.29 2018가단2981

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(영문) 수원지방법원안산지원 2019.11.29 2018가단2981

양수금

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1. The defendant shall pay 43,00,000 won to the plaintiff and 12% per annum from February 2, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. 1) The conclusion, etc. of a contract for a construction project, etc. 1) the Defendant (formerly changed: C) and school juristic persons D are Co., Ltd. E (hereinafter “Nonindicted Company”) on November 4, 2016.

(B) the construction of a neighborhood living facility (hereinafter referred to as “construction of the instant building”) on one parcel, including Pyeongtaek-si F.

(2) The Defendant paid to Nonparty Company KRW 35 million in total, including the payment of KRW 240 million as a check from January 11, 2017 to April 5, 2017 and KRW 95 million as an account from December 2016 to January 6, 2017.

B. On February 27, 2017, the Plaintiff was awarded a subcontract with the Non-Party Company for the construction cost of KRW 143 million among the instant construction works. (2) After completing the said construction, the Plaintiff received payment of KRW 50 million from the Non-Party Company on March 2, 2017 and KRW 50 million on May 15, 2017.

3) On December 14, 2017, Nonparty Company transferred to the Plaintiff the claim equivalent to KRW 43 million out of the remainder of the construction work in this case against the Defendant of Nonparty Company for the payment of KRW 43 million for the remainder of the construction work in this case (hereinafter “transfer of claim in this case”).

(A) Around that time, the Defendant notified the Defendant of the above assignment of claims. [Grounds for recognition] There is no dispute, Gap 1 to 13 evidence, Eul 1 (each entry, including each number), the purport of the entire pleadings.

2. The following circumstances revealed in addition to the facts of the determination as to the cause of the claim and the purport of the entire pleadings, namely, ① the claim to be transferred under the instant transfer contract, namely, the claim for monetary loan, but the non-party company was holding only the claim for the construction cost against the defendant, and also indicated in the said contract that the non-party company should transfer the claim held by the non-party company against the defendant to the owner, and ② the non-party company is the defendant.

유사 판례

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