logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.08.26 2015가합101171
물품대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 104,710,00 and the interest rate thereon from February 17, 2015 to the day of full payment.

Reasons

Basic Facts

In around 2013, Defendant A Co., Ltd. (hereinafter “A”) entered into a contract between Defendant A and Jinsan Construction (hereinafter referred to as “Jinsan Construction”) awarded a contract for the construction of a new neighborhood living facility (hereinafter referred to as “the instant construction”) with Jinsan-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City 2371.9mm2.9m2.

Jinsan Construction subcontracted to D Co., Ltd. (hereinafter “D”) the part of the mechanical and fire-fighting equipment during the instant construction as construction cost of KRW 2.2 billion (excluding surtax). The Plaintiff supplied piping material to D.

After that, Jinsan Construction completed the construction of this case, and on December 26, 2013, registration of preservation of ownership has been made in the defendant A.

On September 15, 2014, Jinsan Construction and D entered into an agreement on the assignment of claims (hereinafter “instant assignment of claims”) between the Plaintiff and the Plaintiff as follows in order to repay the unpaid material cost to the Plaintiff.

1. (Purpose of the Agreement) - The transferor has a claim to be paid KRW 115,290,000 for the instant construction cost by the Defendant A, and the transferor D transfers the said claim to the transferee D, and the transferor D transfers the said claim to the transferee of the claim that was transferred from the Jinsan Construction.

2. (Notification of Transfer) - The transferor, Jinsan Construction and D shall notify the defendant A of the terms of the said transfer agreement, other than the contract, of the content of the transfer agreement.

On October 16, 2014, Jinsan Construction notified Defendant A of the instant assignment of claims (hereinafter “instant assignment of claims”), and the said notification reached Defendant A on October 17, 2014.

【In the absence of dispute, the Plaintiff received KRW 115,290,000 out of the instant construction price claim against the Defendant A of Jinsan Construction on September 15, 2014, from Jinsan Construction, as to the Plaintiff’s assertion of the entire purport of the pleading, as to the Plaintiff’s claim for judgment against the Defendant A, as to the fact that there was no dispute, Gap’s evidence Nos. 1, 2, 4, and 6 (including part of each evidence number), and the entire purport of the pleading.

arrow