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(영문) 대구지방법원경주지원 2019.02.12 2018가단12110
양수금
Text

1. The Defendant: (a) KRW 77,358,490; (b) KRW 49,981,370; (c) KRW 45,757,592; and (d) Plaintiff C.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 22, evidence 26, Eul evidence 1, 2, 5, 6, 8, 10, 13, 14, 15, and 19 (including paper numbers) and the whole purport of the pleadings.

On August 23, 2016, the Defendant requested G Co., Ltd. (hereinafter “G”) to produce gold in KRW 338,500,000 of the contract amount.

(hereinafter “instant contract”). However, G discontinued a gold-type production, and accordingly, G is KRW 190,070,000 for the obligation that the Defendant shall pay to G.

B. The Plaintiffs received a subcontract for gold-type production or design from G while operating gold-type or machine manufacturing business. Accordingly, the Plaintiff Company A (hereinafter “Plaintiff A”) had 12,200,000 won for gold-type production cost claim, Plaintiff B had 74,172,800 won for gold-type production cost claim, Plaintiff C had 62,50,000 won for gold-type production cost claim, Plaintiff C had 62,50,000 won for gold-type production cost claim, and Plaintiff D had 24,00,000 won for gold-type design claim.

C. On March 8, 2018, the Plaintiffs: (a) transferred the claim for payment for completed portion under the instant contract to the Defendant; and (b) notified the Defendant of the assignment of the claim.

The plaintiffs and other creditors of G received progress payment from G from G, and the details thereof are as follows.

[The current status of the assignment of claims: (a) Plaintiffs A: 10,00,000 won on March 9, 2018; (b) Plaintiff B: 71,00,000 won: Plaintiff C: 65,000,000 won: (b) 2H 110,000,000 won on March 14, 2018; (c) 3 Plaintiffs C 62,50,50,000 won on March 19, 2018; (d) 62,50,000 won on March 19, 2018; (e) 208,000 won on March 19, 2018; (e) 4 Plaintiffs B; (e) 74,172,80,000 won on March 21, 2018; and (e) 3, 2018 won on provisional seizure; (e) 19, 2018,5.194,

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