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(영문) 수원지방법원안산지원 2014.09.04 2013가합3245
양수금
Text

1. The Defendant’s KRW 47,230,066 for the Plaintiff and KRW 5% per annum from March 25, 2013 to September 4, 2014.

Reasons

1. Facts of recognition;

(a) On March 27, 2012, B Co., Ltd. (hereinafter “Nonindicted Company”) received a contract from the Defendant on the basis of the amount of KRW 500,000,000 (hereinafter “the instant construction cost”), the period from April 1, 2012 to September 30, 2012, the rate of liquidated damages for delay was 1/1,000 per day, and the amount of penalty for delay was set at 1/1,000 per day.

(hereinafter “instant contract”). (b)

The non-party company completed the instant construction work on December 14, 2012, and the Defendant paid the non-party company KRW 120,000,000 as the construction price of the instant case.

C. On November 20, 2012, the non-party company transferred KRW 120,00,000 out of the instant claim for construction payment to the Plaintiff. On December 24, 2012, the non-party company sent a notice of assignment of claims by content-certified mail (hereinafter “the first notice”) to the Defendant, which is a document with a fixed date, but was returned to the non-party company on December 26, 2012.

On July 10, 2013, Nonparty Company again sent to the Defendant a notice of assignment of claims by content-certified mail, which is a certificate with a fixed date (hereinafter “the second notice”), and reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, Eul evidence No. 1 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts finding as to the cause of the claim, the non-party company held against the defendant the claim amounting to KRW 380,000,000 as the construction price of this case (i.e., KRW 500,000,000 - KRW 120,000). The effect of the second notice of this case was reached on July 10, 2013. Thus, the defendant is liable to pay the plaintiff the transfer price of KRW 120,000,000 and delay damages therefrom, barring special circumstances.

B. Determination 1 on the Defendant’s assertion 1) The representative director D of the non-party company asserted by the Defendant on December 10, 2012.

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