양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 30, 2018, the Defendant, E, F, and G (hereinafter “Defendant, etc.”) entered into a construction contract (hereinafter “instant contract”) with H Co., Ltd., setting the construction cost as KRW 7,160,000,000 with respect to the new construction of an officetel on the ground and four parcels of land outside Ansan-dong, Dong-si, and the construction period from April 30, 2018 to June 30, 2018.
B. The six pages of the instant contract include a non-assignment agreement with the following contents:
(hereinafter referred to as “instant non-assignment agreement”). C.
H Co., Ltd. entered into a contract with the J (hereinafter “J”) on July 1, 2019 under which H Co., Ltd. transferred the claim KRW 2,540,445,00 to the J for the Defendant, etc. under the instant contract. On May 16, 2019, H Co., Ltd notified the Defendant, etc. of the assignment of the said claim.
The J, around January 15, 2019, between the Plaintiff and the Plaintiff, set up a certificate of assignment of claims between the Defendant of J to the Plaintiff that transfers KRW 60,194,076 to the Plaintiff, and notified the Defendant of the above assignment of claims on February 14, 2019.
In addition, around May 16, 2019, J entered into a contract with the transferee listed in the attached list, including the Plaintiff, to transfer KRW 1,372,13,646, out of KRW 2,540,445,00 against the Defendant, etc. of J, to the transferee listed in the attached list, including the Plaintiff (the amount of assignment of claims to the Plaintiff: KRW 165,212,66), and notified the Defendant, etc. of the above assignment of claims on May 17, 2019.
E. On April 19, 2019, the Plaintiff applied for the instant payment order seeking payment of KRW 60,194,076 to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties’ assertion is equivalent to KRW 60,194,076, as the assignee of the claim for construction price under the instant contract.