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(영문) 부산지방법원 2016.07.13 2015가단26616
양수금
Text

1. The Defendant’s KRW 66,102,50 and the Plaintiff’s annual rate of KRW 5% from March 26, 2015 to February 5, 2016.

Reasons

1. Basic facts

A. The instant construction works, etc. (1) Nonparty 1, a forest landscape construction corporation (hereinafter “foreign company”).

(2) On October 27, 2014, the Defendant entered into a contract with the Defendant for the construction of the Defendant’s children’s playgrounds in the apartment complex at KRW 386,650,00 of the contract amount and the construction period from October 3, 2014 to January 25, 2015 (hereinafter “instant construction”).

(2) On December 29, 2014, the Plaintiff entered into a contract with Nonparty Company on the supply of rubber chips equivalent to KRW 67,210,000 to be used in the instant construction, and Nonparty Company entered into a contract on the supply of goods with the Plaintiff within three (3) days from the receipt of the completion money of the instant construction after January 25, 2015.

3) Although the non-party company completed the instant construction, the Defendant paid only down payment of KRW 77,330,000, but did not pay the remainder of KRW 309,320,000. 4) The Plaintiff supplied all rubber chips to the non-party company, and the non-party company did not pay the goods to the Plaintiff even though the construction was completed by using the rubber chips

B. On March 24, 2015, Nonparty Company transferred to the Plaintiff part of KRW 67,210,000 corresponding to the Plaintiff’s claim amount of the instant construction payment against Nonparty Company out of the Plaintiff’s claim for the instant construction payment (hereinafter “transfer of claim”).

(2) The Plaintiff delegated the authority to notify the assignment of claims by the non-party company to the Defendant on the same day, and served the Defendant on March 25, 2015.

3) On March 30, 2015, the Plaintiff sent to the Defendant a certificate of content that the Defendant would pay the above transfer money, but the Defendant did not pay the said money. C. On the other hand, the Plaintiff also acquired part of the claim for the construction payment against the Defendant of the non-party company, like the Plaintiff, to the other creditors of the non-party company.

2. Since earth design corporation did not receive money from the defendant, it is against the defendant.

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