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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant is a stock company B (hereinafter “B”) around January 30, 2013, including entering into a contract on the assignment of claims and notification of the transfer of claims.
(2) When the Songpa-gu Seoul Metropolitan Government Construction Work was ordered to pay B the amount of KRW 610,00,000 for construction cost (including value-added tax), the construction period from February 18, 2013 to June 20, 2014, and the liquidated damages rate of KRW 1/1,000 for delay. (2) The Defendant settled the accounts of the items such as B, construction cost, and loans, etc. around April 7, 2014, and the Defendant made a written agreement with the content thereof.
3) B transferred the instant claim to the Plaintiff on or around April 10, 2014. On the other hand, Article 3 of the instant contract for the transfer and takeover of the instant claim states that “the transferor, the assignee, does not separately notify the transfer and takeover of the instant claim, and the Defendant, the acceptance, recognizes the said agreement as a document with the fixed date.” The instant contract for the transfer and takeover of the instant claim, which is the acceptance, was signed and sealed by the Defendant as the acceptance person in the said contract for the transfer and takeover of the instant claim. (b) B signed and sealed the instant contract for the transfer and takeover of the claim. B around April 7, 2014, the contract for the payment of liquidated damages was concluded between the Defendant and the Defendant, and between B and the Defendant, the contractor, with respect to the period suspended due to the cause of the cause of B, the contractor, from November 1, 2013 to March 31, 2014 (hereinafter “instant contract for liquidated damages”).
2) The instant penalty for delay, calculated in accordance with the above agreement for the payment of the liquidated damages for delay, is KRW 740,141,600 (=4,901,600,000 x 0.1% x 151 days). [The purport of the entire pleadings and arguments as to the facts having no dispute over the grounds for recognition, Gap’s evidence Nos. 1-1, 3, and Eul’s evidence No. 1 through 3
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant shall pay to the Plaintiff KRW 610,000,000, and to the day following the delivery date of the copy of the instant complaint, which is the day of delivery of the copy of the instant complaint, barring any special circumstance.