Text
1. The Defendant shall pay to the Plaintiff KRW 34,39,486 and a rate of KRW 20% per annum from October 15, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 27, 2014, 2016,219,378 won (hereinafter “instant claim”) against the Defendant of the non-party company transferred to the Plaintiff the claim for construction payment against the non-party company (hereinafter “non-party company”).
(hereinafter referred to as “transfer of claim of this case”). (b)
After July 7, 2014, the Defendant repaid KRW 81,819,892 to the Plaintiff out of the instant claims.
C. At the time of the assignment of the instant claim, the claim for construction price against the Defendant of the non-party company remains in excess of KRW 116,219,378.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay 34,399,486 won remaining after the partial repayment to the Plaintiff, the transferee of the instant claim, and damages for delay calculated at the rate of 20% per annum from October 15, 2014 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order sought by the Plaintiff.
3. Determination as to the defendant's assertion
A. The defendant asserts that the defendant cannot respond to the plaintiff's request on the ground that the decision of provisional seizure of the claim for construction price against the defendant of the non-party company is served with the non-party company with no fixed date notice as to the assignment of the claim of this case, and that the decision of provisional seizure of the claim of the non-party company is notified by the superintendent
B. Determination Doctrine, assignment of claims refers to a contract with the purpose of having a claim transferred from the former to the latter, while maintaining its identity, between the former creditor, transferor and transferee, who is a new creditor.
The claims by the assignment of claims shall not lose their identity and shall be transferred from the transferor to the assignee, and there is no restriction on the transfer of the claims by the provisional seizure.
provided, however, that such act is not required.