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(영문) 수원지방법원성남지원 2014.07.04 2013가합204641
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant and A Co., Ltd. enter into a contract for construction works between the Defendant and A Co., Ltd. (hereinafter “A”).

2) As set out in the following, each of the two payment materials contracts (hereinafter referred to as “each of the payment materials contracts of this case”) shall be deemed as follows:

Upon conclusion of the instant contract: 163 manufacturing, installation, and conclusion date of the contract: February 23, 2012 - Contract Amount: 10,328,750,000 won - Contract Period: From February 23, 2012 to December 31, 2013 - Contract Name 174 production, installation: 201 (1-1); - Contract Date of the instant elevator materials production and installation - Contract Date of the instant elevator materials production and installation - Contract Date of the supply facility installation - Contract Date of the supply facility Kim Yong-B-1BL, Kim Jong-5BL, 10,000 won: Contract Price of the instant elevator materials production and installation - Contract Date of the instant case: 174 production and installation: 201 elevator materials production and installation - Contract Date of the instant elevator materials production and installation - Contract Date of the instant case - Contract Date of the 1301.201.

B. The Plaintiff’s loan agreement of this case and the instant transfer agreement of this case 1) concluded with A on January 7, 2013, the Plaintiff is a monetary loan agreement for consumption with A, the agreed amount of which is KRW 80 million per annum, overdue interest rate of KRW 25% per annum, and the agreed date of which is January 7, 2014 only (hereinafter “the instant loan agreement”).

A) The Plaintiff and A entered into a contract with the Plaintiff to transfer the claim for construction cost (the contract amounting to KRW 10,181,670,945) held by A against the Defendant (the contract amounting to KRW 10,181,670,945) in accordance with the instant secondary material contract to secure the above loan obligation on the same day (hereinafter “instant transfer contract”).

In the process, the Plaintiff agreed to notify the Defendant of the assignment of claims on behalf of the Plaintiff in the event that a delay occurred once or more times due to the Plaintiff’s failure to repay the said loan to the Plaintiff. 2) The Plaintiff and A agreed to notify the Defendant of the assignment of claims, and on June 18, 2013, A shall be liable for the loan under the loan agreement of this case.

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