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1. Revocation of an assignment contract concluded on December 21, 2012 between the defendant and C.
2. The defendant is a stock company.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) contracted a new construction work for each land G company on E and F (hereinafter “instant construction work”) from D on October 23, 2012, and subcontracted to the Plaintiff on July 30, 2012, following a contract with D for the new construction work for each land of E and F (hereinafter “instant construction work”).
(2) On November 20, 2012, the Plaintiff completed the instant subcontracted project, but C did not pay the construction cost, and C prepared a written confirmation that the Plaintiff would give priority to the payment of KRW 25,000,000 of the instant subcontracted project cost to the Plaintiff immediately after receiving the construction cost from the owner.
B. On November 21, 2012, C transferred the instant claim for the delivery price to the Defendant, who is the mother of H’s representative director, and on November 28, 2012, C notified D of the assignment of claims and served D the notification to D on the following day.
C. Around December 2012, the Plaintiff filed an application for provisional attachment against C with Suwon District Court 2012Kadan11406 on the claim for the new construction cost of C as to the instant new construction cost claim against C, and the said court rendered the cited decision on the 21st of the same month, and the said decision was served on D, who is the garnishee, on the 27th of the same month and finalized around that time.
The Plaintiff filed an application with Suwon District Court for the payment order of the subcontract price payment order of this case with the Suwon District Court No. 2014j1931, May 14, 2014, the said court rendered a payment order to the Plaintiff on the payment order of KRW 25,00,000 and the damages for delay calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment. The said order was served to C on June 19, 2014, and became final and conclusive on June 3, 2014.
E. Meanwhile, the Defendant filed a lawsuit against D with the Suwon District Court 2014Gahap101564, and the said court on September 8, 2017 calculated the Defendant at the rate of 5% per annum from September 2, 2016 to the date of full payment.