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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
Defendant.
Reasons
1. Basic facts
A. On July 26, 2010, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter “C”) and G, which is the actual management owner, with the Cheongju District Court Decision No. 2010Kahap265, and on July 26, 2010, “C and G shall jointly and severally pay to the Plaintiff KRW 60 million by September 30, 2010, and if delay, it shall be paid to the Plaintiff by adding damages for delay at the rate of 20% per annum from the next day to the date of full payment (hereinafter “the decision of recommending reconciliation in this case”). The decision of recommending reconciliation was finalized at that time.
B. C) On August 5, 201, 201, it was awarded a contract for D Construction Work awarded a contract for KRW 205,825,000 for the construction cost of the instant Construction Work (hereinafter “instant Construction Work”).
C concluded a construction contract (hereinafter “instant construction contract”) with respect to the instant construction project as of August 12, 201 and 205,825,000 won (hereinafter “instant construction contract”) and 180 days (the date of completion was changed from August 12, 201 to May 6, 2012) from August 12, 2011 to February 7, 2012, with respect to the instant construction project (hereinafter “instant construction contract”).
The instant construction contract was concluded under the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”).
C. The Defendant was a creditor who holds monetary claims exceeding KRW 1.1 billion against C. On August 8, 201, C entered into a contract with the Defendant to transfer the instant claim for the construction cost (hereinafter “instant contract to transfer the claim”) with the Defendant under a status exceeding the obligation on August 8, 201.
After entering into the instant assignment contract, the Defendant provided C with part of the funds necessary for performing the instant construction as a loan, and C completed the instant construction work on May 4, 2012, and the Jeju City paid KRW 205,825,000 to the Defendant from January 3, 2012 to May 22, 2013.
E. Meanwhile, the Defendant entered into a contract on the assignment of claims of this case.