logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.11 2014가합6384
양수금
Text

1. Defendant B’s KRW 715,000,000 as well as 5% per annum from September 29, 2012 to December 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. As the representative of Defendant A D D’s church (hereinafter “Defendant church”), Defendant B entered into a contract with D’s ground neighborhood living facilities and education hall construction works (hereinafter “instant construction works”), on August 5, 201, with respect to the instant construction works among the instant construction works, the amount of KRW 4,621,760,000 for the new construction works among the instant construction works, and the amount of KRW 4,621,760,00 for the new construction works among the instant construction works, around September 201, with the date of commencement as of September 5, 2011; and the expected date of completion as of September 4, 2012 (hereinafter “instant contract”).

B. On August 5, 2011, between C and C, the Plaintiff entered into a subcontract with the content that the amount of the civil engineering works during the instant construction works shall be KRW 715,00,000,00 for the commencement of construction works, August 5, 201 for the commencement of construction works, and November 5, 201 for the completion of construction works (hereinafter “instant subcontract”), and the Plaintiff completed the construction works under the said contract around December 201.

C. On December 12, 2011, the Plaintiff issued a tax invoice of KRW 715,00,000, which is the price under the instant subcontract and demanded C to pay the price. However, while C was unable to pay the said price, the Plaintiff, C, and Defendant B drafted a bond transfer and takeover contract with the following content on July 26, 2012:

(hereinafter “instant contract for the transfer and takeover of claim 1”. Defendant B, the assignee of claim C, the assignment of claim 1, indicated in the instant contract for the transfer and takeover of claim 3.

1. Name of the construction works subject to claims: Civil engineering works among the construction works in this case;

2. Person placing an order (third obligor): Defendant B;

3. The principal contractor (the transferor of bonds): C;

4. The transferor shall transfer the claim for civil engineering works of the transferee claimed on December 12, 201, among the claim for the construction cost held by the garnishee in connection with the foregoing construction works.

5. The transferor shall enter into a contract for the assignment and acquisition of the foregoing indicated obligation with the assignee and the obligor shall also agree with the name and seal of the assignee as follows:

A. L. L. L.I.

4. Claim.

arrow