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(영문) 수원지방법원 2016.03.29 2015가합5647
양수금
Text

1. The Defendant’s KRW 625,60,000 as well as the Plaintiff’s annual rate of KRW 5% from November 12, 2015 to March 29, 2016, and the following.

Reasons

1. Facts of recognition;

A. On December 11, 2013, the Defendant: (a) changed the name on August 15, 2014, into “SPC Construction Co., Ltd.; hereinafter “SP Construction Co., Ltd.”) to “SP Co., Ltd.”; (b) contracted the instant construction project for the construction of a primary apartment complex B (hereinafter “instant construction”) in Chungcheong-gun voice Group B (hereinafter “SP”); (c) the construction period from December 20, 2013 to March 31, 2015; and (d) the construction period from December 20, 2013 to March 31, 2015.

(hereinafter “instant contract”). (b)

On February 28, 2014, Nonparty Company awarded a subcontract to the Plaintiff with the construction cost of KRW 680,00,000 (including value-added tax) and the construction period from February 28, 2014 to May 30, 2014.

(hereinafter referred to as “instant subcontract”). (c)

When the non-party company failed to pay the construction price under the instant subcontract to the Plaintiff, on March 11, 2015, the non-party company transferred KRW 680,000,000 among the claims for the construction price under the instant subcontract, in lieu of paying the construction price, to the Plaintiff, and on May 4, 2015, notified the Defendant of the assignment of the claim, and notified the Defendant on May 6, 2015.

On the other hand, as of the date of the closing of argument in the instant case, the Plaintiff completed 92% of the construction works under the instant subcontract.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1, 2, 4, and 8, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant calculated the amount of KRW 625,60,00,000 (=680,000,000 x 92%) for the Plaintiff who acquired part of the claim for the construction price of the non-party company, as the Plaintiff seeks, at the rate of 5% per annum under the Civil Act from November 12, 2015, on which the Defendant received a duplicate of the complaint of this case until March 29, 2016 until March 29, 2016, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day until the day of complete payment.

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