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1. The Defendant against the Plaintiff Company A, KRW 104,657,200, and KRW 47,574,800 to the Plaintiff Company B and each of the said money.
Reasons
1. Basic facts
A. On August 20, 2014, the Defendant contracted the construction of a factory at the location of the Defendant (hereinafter “instant construction”) to E Co., Ltd. (hereinafter “E”) for the construction cost of KRW 1,056,000,000 (including value-added tax) and the construction period of August 25, 2014 to December 20, 2014.
(hereinafter referred to as the “instant contract”). B.
Plaintiff
B A. On September 11, 2014, the Plaintiff Co., Ltd.: (a) subcontracted the steel framed construction work among the instant construction works to E for KRW 104,50,000; and (b) on September 12, 2014, the Plaintiff Co., Ltd. completed the relevant construction work on November 3, 2014, respectively; and (c) obtained approval for use on December 29, 2014 from E.
C. On January 23, 2015, E transferred the total amount of KRW 170,860,000, out of KRW 232,400,000 that was not paid by the Defendant to the F Co., Ltd. (hereinafter “F”), which was subcontracted for the instant construction project, to the Plaintiff B Co., Ltd. (hereinafter “F”), and transferred on January 26, 2015 the total amount of KRW 74,368,00 and KRW 158,032,40,000 to the Plaintiff Co., Ltd. (hereinafter “Plaintiff”), and each of the above assignment of claims was notified to the Defendant at the time of transfer, respectively.
The Plaintiffs filed a lawsuit against F on the ground that the assignment of claims to E to F was a fraudulent act (U.S. District Court Decision 2015Gahap24154). In the said lawsuit, the Plaintiffs decided to recommend reconciliation as follows on June 10, 2016, and the said decision became final and conclusive without objection between the Plaintiffs and F.
Decisions
1. The FF Co., Ltd. shall transfer 77,511,000 won and damages for delay from among the claims transferred by E to A, to A, and shall confer the authority to notify the assignment of claims pursuant to the above assignment of claims to A;
2. The FF Co., Ltd. shall transfer 34,409,000 won and damages for delay among the claims described in the above paragraph (1) to B Co., Ltd., and shall transfer the above claims to B Co., Ltd.