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(영문) 대전지방법원 2017.01.12 2016가단23431
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 114,495,00 and the interest rate of KRW 15% per annum from July 2, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant: (a) subcontracted the outer wall tin construction among the new construction of “C” by B Co., Ltd. (hereinafter “B”); and (b) the reputation Crecis Co., Ltd. (hereinafter “Secisciscis”) leased the seal necessary for the subcontracted construction to the Defendant; (c) totaling KRW 114,495,00 (including value-added tax).

B. On June 7, 2016, Fari Cre entered into a contract with the Plaintiff on the purport that the Fari Cree’s claim amounting to KRW 114,495,00 of the equipment rent for the Defendant incurred as above is transferred to the Plaintiff. The notice of the assignment of claims reached the Defendant around June 8, 2016.

[Evidence Evidence: Descriptions of Evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the rent of KRW 114,495,00,00 that the Plaintiff acquired, and damages for delay at the rate of 15% per annum from July 2, 2016 to the date of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff after the due date of the rent.

B. As to the Defendant’s assertion, the Defendant asserted that the Defendant did not receive the construction cost equivalent to KRW 630 million from B, and thus, he directly received equipment rent from B. The Defendant agreed to deduct the amount equivalent to the equipment rent from the construction cost. The Defendant agreed to deduct the amount equivalent to the equipment rent from the construction cost. The Plaintiff, the representative director of the Plaintiff, who was not the Plaintiff, was the Plaintiff.

The conclusion of a contract to transfer the claim of equipment rent to B is a false indication to conclude a bond acquisition contract in the name of the plaintiff, who is the representative director, according to B's solicitation that it would be better to take over the claim in the name of a third party.

As such, the transferee of the claim.

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