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(영문) 제주지방법원 2015.10.16 2014가단10013
대여금
Text

1. The Defendant’s KRW 500,000 and the Plaintiff’s annual interest thereon from June 13, 2014 to October 16, 2015.

Reasons

1. Basic facts

A. C Co., Ltd. is an executor of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the instant construction.

B. On April 8, 2005, the Jeju Development Co., Ltd. was subcontracted for a d22,66,500 won out of the construction price of the instant construction from spatial construction. It did not receive KRW 422,66,50 of the construction price from spatial construction.

C. On October 1, 2008, the prime developer Co., Ltd. transferred the above subcontract price claim to E.

E filed a lawsuit against the spatial construction company with Suwon District Court 2008Gahap24381, and filed a lawsuit for the payment of the above subcontract price from Suwon District Court on February 17, 2009, with the judgment that "for the spatial construction of a stock company, 422,66,500 won to E, 5% per annum from November 16, 2005 to December 4, 2008, and 20% per annum from the next day to the date of full payment," and that the judgment was finalized on April 25, 2009.

On September 24, 2010, the Defendant acquired the entire claim for the construction cost of the subcontracted construction from E, and decided to delegate the exercise of the right of retention on the instant building to the Plaintiff on October 9, 2010, and transferred the entire claim again.

E. On October 28, 201, the Plaintiff entered into a “agreement on the performance of lien agreement” with the F, G, H, and I asserting that the Plaintiff had a lien on the instant building at the time, and with F, G, H, and I, claiming that the Plaintiff would exercise all the claims for the payment of the construction cost on behalf of the said persons.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. On October 9, 2010, the Plaintiff agreed to exercise the right of retention by acquiring the Defendant’s claim between the Defendant and the Plaintiff.

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