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1. The Defendant shall pay to the Plaintiff KRW 14,081,00 and the interest rate of KRW 15% per annum from July 29, 2016 to the day of complete payment.
Reasons
1. On June 18, 2012, B Co., Ltd. (formerly: C Co., Ltd.; hereinafter “Nonindicted Company”) contracted from the Defendant for a contract amount of KRW 3.5 billion for the “Grain D Urban Residential Housing New Construction Project.” On November 7, 2012, the Plaintiff was awarded from Nonparty Company a subcontract for KRW 13,081,00 of the cost of the household product construction among the said new construction works.
On July 24, 2014, the Plaintiff acquired KRW 29,081,00 from the non-party company’s non-party company’s claim for construction price against the Defendant, and the non-party company notified the Defendant of the above assignment of claim at that time.
On the other hand, on January 29, 2015, the Supreme Court rendered a judgment that "the defendant shall pay to the non-party company KRW 261,259,863 and its delay damages" (Seoul Central District Court 2013Gahap7039 (principal claim) and the case of 2014Gahap3480 (Counterclaim)).
On February 26, 2015, the Defendant and the non-party company agreed to the effect that the non-party company should pay KRW 200 million to the non-party company (the amount of actual payment shall be deducted, such as provisional seizure) immediately after the non-party company withdraws the lawsuit, etc. against the Defendant. Accordingly, on February 27, 2015, the Defendant paid KRW 188,000,000 to the account in the name of director E of the non-party company.
With respect to the above claim that the plaintiff acquired from the non-party company, the director E of the non-party company paid 15 million won to the plaintiff on July 21, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff 14,081,000 won and its delay damages for the claims that the plaintiff received from the non-party company, except in extenuating circumstances.
B. The defendant's assertion (1) is judged as to the defendant's defense of repayment.