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1. The Defendant: (a) KRW 89,950,959 for the Plaintiff and its related KRW 15% per annum from February 22, 2019 to May 31, 2019; and (b) June 1, 2019 for the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 4 as to the cause of the claim and the entire pleadings, C shall perform construction works for the interior of D hotel operated by the defendant and hold a claim for the construction cost of KRW 750 million against the defendant. The plaintiff shall pay the debtor C and 3 debtors as the Incheon District Court 2018Kadan2905 on July 4, 2018 with the provisional attachment order as to the above claim amount of KRW 89 million against the defendant of C and the above decision was delivered to the defendant on July 9, 2018, and the plaintiff shall receive the provisional attachment order as to the above claim of KRW 200,000 from the Incheon District Court 2018ta30167 on December 18, 2018 to the defendant on the original copy of the above provisional attachment order of KRW 90,000,000,000,000,000,000,000,000.
2. As to the Defendant’s assertion, the Defendant asserted that, around July 30, 2018, the claim for construction price of C Co., Ltd. was transferred to the majority creditors holding a total of KRW 1,104,44,901 claims against C, and that, on December 4, 2018, the Defendant did not have a duty to pay the collection amount on the grounds that attachment was made against KRW 24,071,970 of the delinquent tax amount of C Co., Ltd.
However, the transfer of nominative claim shall not be set up against the obligor or any third party without notifying it to the obligor or obtaining the consent of the obligor, and the notification and acceptance shall be made with the fixed date.