양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1-1-3, Gap evidence No. 5-1, 2, and Eul evidence No. 1, and there are no counter-proofs.
The Plaintiff is a person who is engaged in the business of supplying electric wires and electrical equipment with the trade name of “B,” and the Defendant is the owner of the building who contracted the construction of the charging plant (hereinafter “instant construction”) to Non-Party Multi-Family Construction Co., Ltd. (hereinafter “Nonindicted Company”).
B. The Plaintiff supplied the electric wires and electrical equipment to the non-party corporation, which was subcontracted the electrical construction part of the instant construction from the non-party corporation, and continued to supply the electric wires and electrical equipment at the request of the non-party company.
C. On April 23, 2015, Nonparty Company entered into a contract with the Plaintiff to transfer “a claim equivalent to KRW 120,000,000 among the construction price of the instant case to be received by Nonparty Company from the Defendant” (hereinafter “instant transfer of claim”). On the same day, Nonparty Company notified the Defendant of the instant transfer of claim and sent the notice to the Defendant at that time.
2. Determination as to the cause of claim
A. As the cause of the instant claim, the Plaintiff settled the instant construction cost around August 14, 2014, and as a result, the Defendant paid KRW 50 million to the non-party company up to August 23, 2014, and paid KRW 307,447,726 to the non-party company within one year. The Defendant is also obligated to pay KRW 427,000,000 to the non-party company as it paid only KRW 380,000 to the non-party company. Accordingly, the Defendant is obligated to pay KRW 120,000,000,000 to the non-party company.
B. Therefore, around August 14, 2014, the Defendant and the non-party company concluded a settlement agreement on the instant construction cost (hereinafter “instant settlement agreement”) and under the settlement agreement, the Defendant was non-party.