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1. The Defendant: (a) KRW 35,00,000 for the Plaintiff and KRW 20% per annum from January 21, 2014 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. B, on August 9, 2012, contracted the construction cost of KRW 748,00,000 from the Defendant, for a large-scale repair work of the Damoel located in Busan-gun C, and subsequently, changed the construction cost of the 762,300,000 won between the Defendant and the 762,30,000 won, and completed the construction work around December 30, 2012.
B. On February 2, 2017, the date of the closing of the instant argument, the Defendant did not pay KRW 108,868,391 out of the construction price to B until February 2, 2017.
C. On December 23, 2013, B transferred to the Plaintiff an amount equivalent to KRW 35,00,000, out of the claim for the construction payment that was not paid to the Defendant. On the same day, B notified the Defendant of the assignment of the said claim, and thereafter, notified the Defendant of the said assignment, and the notification was delivered
【Ground of recognition】 The fact that there has been no dispute, Gap No. 1, 2, Eul No. 4, and 8, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 35,00,000 won of the above assignment of claims and damages for delay calculated at the rate of 15% per annum as stipulated by the former Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from January 21, 2014 to September 30, 2015, which is the day following the delivery day of a copy of a complaint containing the plaintiff's expression of intent to seek payment, pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Articles 1 and 2(2) of the Addenda of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).
Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.