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1. The Defendant: (a) KRW 223,00,000 for the Plaintiff and KRW 15% per annum from October 3, 2018 to May 31, 2019; and (b).
Reasons
1. Facts of recognition;
A. Around April 2016, the Plaintiff’s Intervenor (hereinafter “ Intervenor”) received contracts from the Defendant during the construction period of KRW 1.5 billion (excluding value-added tax) and the construction period from April 7, 2016 to May 27, 2016, with respect to D Corporation (hereinafter “instant Corporation”).
(hereinafter “instant contract”). The auxiliary intervenor completed the instant construction work in accordance with the instant contract.
B. On July 31, 2018, the Intervenor transferred KRW 238,70,000, out of the construction cost claims against the Defendant against the Defendant (hereinafter “transfer of claims in this case”), and notified the Defendant of the transfer of claims in this case by content-certified mail on August 9, 2018, and the said content-certified mail reached the Defendant on August 12, 2018.
[Ground of recognition] Facts without dispute, Gap's evidence 1, 2, Gap's evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, unless there are other special circumstances, the defendant is the amount calculated by adding value-added tax to KRW 82,300,000 for the remaining claim for the construction cost of this case (=650,000 for the construction cost of this case).
)- The Plaintiff acquiring part of the total amount of KRW 82,00,000 and the amount of KRW 223,000 from May 4, 2016 to October 27, 2016, as the Intervenor seeks, from which he/she received a payment from the Defendant, to whom he/she had taken over the original copy of the instant payment order from October 3, 2018 to May 31, 2019, which is the day following the delivery date of the original copy of the instant payment order, as prescribed by Article 3(1) main sentence of Article 3(2) of the Addenda to the Regulation on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Article 3(1) main sentence of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Article 3(1) of the former Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings).