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(영문) 창원지방법원 2014.10.10 2014가단6094
추심금
Text

1. The Defendant’s KRW 27,250,00 for the Plaintiff and KRW 5% per annum from April 10, 2014 to October 10, 2014.

Reasons

1. Basic facts

A. On October 27, 2010, the Plaintiff issued a provisional attachment order against the claim claim claim amounting to KRW 30,000,000, which is part of KRW 173,727,687, which is part of the purchase price for the goods A, against the Defendant. On October 1, 2010, the Defendant was served on November 1, 2010.

B. Since then, based on the decision of compulsory adjustment as of June 19, 2012, the Plaintiff received the attachment and collection order of the above provisional seizure from the Changwon District Court 201Na1524, which was issued on September 27, 2012, on the basis of the decision of compulsory adjustment as of June 19, 2012. The Plaintiff was served on the Defendant on October 4, 2012.

C. On the other hand, on September 26, 2008, the Defendant entered into a construction contract with the Defendant’s Factory Construction Corporation B (hereinafter “B”) located in Seongbuk-gu, Sungwon-si with the construction cost of KRW 1,320,000,000. On June 30, 2009, B transferred the construction cost of KRW 27,250,000 among the construction cost claims arising from the above factory construction works that A had against the Defendant to A on June 30, 2009, and notified the Defendant of the assignment of the claim on July 9, 2009. At that time, the Defendant issued the above assignment notice to the Defendant.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 7 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the claim of this case is KRW 27,250,000, which was transferred to A by B. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the above KRW 27,250,000, which was issued by the plaintiff with the seizure and collection order, and damages for delay.

B. As to the judgment on the Defendant’s assertion, the Defendant exists the parts related to the defect in the construction of B and the unconstruction of the instant construction work, and 36,000 for the repair and construction of the parts.

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