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(영문) 대구지방법원 상주지원 2018.01.25 2017가합120
양수금
Text

1. The Defendant’s KRW 760,000,000 as well as the Plaintiff’s annual rate of 5% from July 7, 2016 to July 17, 2017.

Reasons

1. Basic facts

A. On July 1, 2016, the Plaintiff entered into a contract with Nonparty B (hereinafter “B”) on the transfer of the claim for construction price against the Defendant (the trade name before the change to the current trade name on August 24, 2016 is C Co., Ltd.; hereinafter “Defendant”).

The details of the bonds transfer and takeover contract are as follows:

1.The transferor (B) shall hold to the garnishee (defendant) the following claims:

The construction cost of KRW 1,760,000,000 that the Defendant shall pay to B under the contract for the construction of the Complex E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

2. The transferor confirms that the garnishee does not have any grounds to oppose the transferor as to the claim under the above paragraph (1).

3. The transferor shall transfer 760,000,000 won among the claims under the above paragraph (1) to the transferee, and the transferee shall take over the same.

Provided, That when the transfer takes effect, the following obligations to the transferor's transferee shall be fully repaid:

Loans 760,000,000 won on December 4, 2015

4. The transferor shall notify the garnishee of the transfer of claim with a document with a fixed date, such as content-certified mail, etc., simultaneously with the conclusion of this contract;

5. No transferor may commit any act interfering with the transferee’s exercise of rights until the transfer takes effect under the above paragraph 4.

B. On July 6, 2016, B sent to the Defendant a certified content-certified mail with a fixed date indicating that the assignment of claims under the foregoing paragraph (1) is notified to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was transferred KRW 760,000,000 from B on July 1, 2016, and that B notified the Defendant of the assignment of the claim with a fixed date on July 6, 2016, the Defendant paid KRW 760,000,000 to the Plaintiff as well as damages for delay.

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