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(영문) 서울중앙지방법원 2018.06.20 2017가합559393
양수금
Text

1. The Defendant shall grant Plaintiff A’s Financial Cooperative KRW 310,00,000 and its annual interest from June 17, 2017 to September 5, 2017.

Reasons

1. Facts of recognition;

A. On April 22, 2016, Nonparty C (hereinafter “Nonindicted Company”) entered into a contract for construction works (hereinafter “instant contract”) with the Armed Forces Finance Management Body affiliated with the Defendant, setting the construction cost of KRW 2,664,369,460 regarding D Corporation (hereinafter “instant construction”) and the construction period from April 22, 2016 to May 21, 2017.

B. The instant contract is accompanied by the general conditions of the construction contract and the special conditions of the construction contract, and the provisions pertaining to the assignment of claims are as follows.

[General Conditions of Construction Contract] Article 6 (Transfer of Bonds) (1) The other party to the contract may transfer to a third party (including members of a joint subcontractor) the bonds (right to claim the cost of construction) incurred under this contract.

(2) Where it is deemed necessary to perform construction works properly with respect to the assignment of claims under paragraph (1), a contracting officer may set and operate a special agreement that restricts the assignment of claims.

[Special Conditions for Construction Contract] Article 17 (Transfer of Claim) " Supplier" shall obtain the written approval of the "financial commissioner of the contract management unit" from the "consumer" in advance with the consent of the issuing authority of the performance bond when it intends to transfer the bonds (right to claim the cost of construction) arising from this contract to a third party.

C. On February 13, 2017, Plaintiff A Mutual Aid Association (hereinafter “Plaintiff Mutual Aid Association”) entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with the non-party company’s acquisition of KRW 310 million out of the construction price of the instant case from the non-party company. On the same day, the non-party company sent a notice to the Armed Forces Finance Management Board under the Defendant’s control of the Defendant with content certification, and on February 14, 2017, the said notice reached the Armed Forces Finance Management Board under the Defendant’s control of the Republic of Korea.

Plaintiff

B On March 8, 2017, between the non-party company and the non-party company on March 8, 2017, the assignment of claims with the content that the non-party company received KRW 30 million of the construction price of this case from the non-party company.

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