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(영문) 서울남부지방법원 2015.04.14 2013가단17821
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 59,60,000 and the interest rate of KRW 20% per annum from March 23, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 21, 2012, the Plaintiff entered into an agreement on the assignment of claims with the purport of transferring KRW 59,600,000 among the construction cost claims owed by the KS integrated construction against the Defendant.

(hereinafter referred to as "transfer of claims of this case"). (b)

On February 5, 2013, the KST General Construction is the defendant by content-certified mail.

On February 6, 2013, a notice was sent to the Plaintiff that the Plaintiff transferred KRW 59,600,000 among the claim for construction price under the assignment contract stated in the subsection, and that the notice was delivered to the Defendant.

(hereinafter referred to as "Notification of Assignment of Claims of this case").

On March 13, 2013, KST General Construction filed a lawsuit against the Defendant for the claim for the payment of the construction cost against the Incheon District Court (In Incheon District Court 2013Gahap4278), and on October 10, 2014, the Defendant rendered a ruling that the Defendant shall pay to the KST General Construction 250,272,390 won, and 35,472,390 won, whichever is less than 214,80,000 won, from March 27, 2012 until October 10, 2014, 6% per annum from November 24, 2012 to October 10, 2014, and 20% per annum from the next day to the date of complete payment.

(1) The court below's decision is justified and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices on the bench.

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the acquisition amount of KRW 59,600,000, and damages for delay calculated at the rate of 20% per annum from March 23, 2013 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint, to the day of full payment.

B. Judgment on the Defendant’s assertion (1) as to the non-existence of a claim, priority over the Defendant.

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