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(영문) 전주지방법원 2014.01.24 2012가합6881
양수금
Text

1. The defendant shall pay 214,50,000 won to the plaintiff and 20% per annum from October 6, 2012 to the day of complete payment.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the Parties, or are recognized by the respective entrys and the entire purport of the arguments in Gap evidence Nos. 1, 2, 4, 7, 9 through 11 (including each number).

A. On November 25, 2011, the Defendant acquired ownership of one parcel, including 80-3 square meters and 1319.3 square meters, from the Saemangeum Leisure Development Co., Ltd. (hereinafter “Saeman Leisure Development”), in the Gun-si, Gun-si (hereinafter “Saeman Leisure Development”), and carried out the remainder of the construction by acquiring the new construction works of neighborhood living facilities (hereinafter “instant new construction works”) where the Saemangeum Leisure Development was ordered on the land above.

B. The case Construction Co., Ltd. (hereinafter “Nonindicted Company”) contracted the instant new construction from the Saemangeum Leisure Development around 2009, and the Defendant continued the construction as the contractor even after taking over the new construction of this case.

C. Around October 2010, Nonparty Company subcontracted the instant new construction project to the Plaintiff for construction cost of KRW 29 billion. The Plaintiff completed the instant landscaping project around October 201.

On November 24, 2011, the non-party company received a payment order against the defendant that stated that "the defendant would pay to the non-party company 14,008,500,000 won and interest rate of 20% per annum from November 30, 2011 to the day of full payment" and the above decision became final and conclusive around that time.

E. On April 25, 2012, the Plaintiff entered into a claim transfer agreement with the non-party company to acquire a claim equivalent to KRW 214,500,000, out of the claim for the construction cost of the instant new construction project against the Defendant of the non-party company. The Plaintiff and the non-party company entered into a claim transfer agreement with the Defendant on September 3, 2012.

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