공사대금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On February 14, 2015, Defendant C entered into a construction contract with Codefendant D (hereinafter “D”) under which the construction cost was KRW 440,00,000 (excluding value-added tax) and the construction period was fixed from February 23, 2015 to June 30, 2015 on the block of the foregoing city (a correction district in Sungnam-si).
(hereinafter “instant construction contract”). B.
F was subcontracted to KRW 12,650,000 for the construction cost of the instant new housing construction project from D on June 28, 2015, and completed the Tire on July 9, 2015.
(hereinafter “instant subcontracted project”). C.
F, as the father of Defendant C, demanded payment of the subcontract price of this case to Defendant B who actually led the construction of the above house, but Defendant B refused payment on the ground that the consent of payment was needed.
F claimed the payment of KRW 12,650,000 of the instant subcontract price in the Seoul East Eastern District Court 2015Kaso28632 (hereinafter “Prior Action Litigation”), which was filed against Defendant B on November 27, 2015, but on May 18, 2016, the said judgment was finalized on June 4, 2016.
E. On May 10, 2018, the Plaintiff purchased the instant subcontract consideration claim from F as a bond dealer.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, 3, Eul evidence 1-1, 2, Eul evidence 2-2, Eul evidence 2, and the purport of the whole pleadings
2. The plaintiff's assertion
A. (1) According to Article 20 of the Standard Contract for Construction Contract prepared by the Defendants on February 14, 2015 with D, the principal contractor shall pay the subcontractor the payment within a period of 60 days from the date of the subject matter to the subcontractor. Since the person who performed the subcontracted project in this case is not D, the Defendants jointly and severally acquired the claim for subcontract payment from F.