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(영문) 수원지방법원 2015.05.28 2014가합4173
구상금 등
Text

1. The Defendant’s KRW 278,741,866 as well as the Plaintiff’s KRW 6% per annum from April 29, 2015 to April 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that performs the work of water supply and drainage, gas facility construction, etc., and the Defendant is an organization that manages the instant apartment complex consisting of occupants of Seo-gu, Seo-gu, Seo-gu (hereinafter “instant apartment”) in accordance with the Housing Act and other relevant statutes.

B. On June 10, 201, the Plaintiff concluded a construction contract with the Defendant to replace water supply pipes and water supply pipes of the instant apartment (hereinafter “instant construction contract”) with the period from June 10, 201 to August 30, 201, setting the construction cost of KRW 1.136 million, and the period from June 10, 201 to June 30, 201 (hereinafter “instant construction contract”).

C. The Plaintiff submitted a completion report and construction completion report to the Defendant on August 31, 201 after performing construction work according to the instant construction contract.

Meanwhile, the Plaintiff received KRW 6,527,00,000 from the Defendant, and the remainder of KRW 530,730,000 (hereinafter “instant construction price”) was not paid. On October 5, 2011, the Plaintiff transferred the claim for the instant construction price to the Busan Capital Co., Ltd. (hereinafter “Industrial Capital”) for the purpose of collateraling, and entered into a transaction agreement with the Busan Capital with the sales claim factoring agreement (hereinafter “the instant factoring agreement”) under which the amount of the said construction price is to be loaned from the Capital Capital; and accordingly, entered into the transaction agreement including the following contents; and accordingly, the Defendant agreed to pay the instant construction price to the Busan Capital with the amount of 60-month amount; and accordingly, the Plaintiff borrowed the amount equivalent to the instant construction price from the Busan Capital Capital.

Article 3. The credit subject of the terms and conditions of transaction: The purchase amount of claims for reimbursement: 647,821,260 won: The starting date of transaction: October 201; the due date of maturity: the rate of interest on September 25, 2016: 7.20% per annum until the due date: the sale claim, Daejeon and collection amount transferred to the company.

The timing and method of payment of interest: The advance payment shall be made on the date of performance by the due date.

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