양수금
1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
2...
1. The following facts are acknowledged according to the respective entries and the whole purport of the arguments in Gap's evidence Nos. 1, 2, 5, 9, 20, 21, 22, Eul's evidence Nos. 2, 3, 6 and 12 (including various numbers):
A. On May 3, 2011, C Co., Ltd. (hereinafter “C”) contracted from the Defendant with the Defendant for the construction of a building on the land E in Busan-gu, Busan-gu, and agreed with the Defendant to add an additional construction amounting to KRW 197 million around September 2, 201, when the construction was in progress, to KRW 2.288 billion.
(hereinafter referred to as the “instant construction”). B. The said construction and additional construction are combined, and they are called the “instant construction”).
C completed the instant construction work on September 23, 201 and delivered the building to the Defendant.
C. From May 26, 2011 to November 21, 2011, C received KRW 2.1 billion as the construction price from the Defendant, and urged the Defendant to pay the remainder of the construction price, and received a written confirmation from the Defendant on June 8, 2012 to pay KRW 412 million as the remainder of the construction price by October 30, 2012.
(hereinafter referred to as “instant claim for construction cost” or “the instant claim” refers to the instant obligation for construction cost, and “the said confirmation document” refers to the instant confirmation document.
At the time of the instant construction, C’s representative director was L. G, the husband of L, actually operated the said company, and on December 11, 2012, L was resigned from the representative director and G was appointed to the representative director.
E. The shares of C were owned by L 35%, G, and M, 30%, and 5%, respectively, but the said shareholders transferred the entire shares to the Plaintiff on February 14, 2013.
On the same day, the Plaintiff assumed office as the director and the representative director of the above company, changed the company's trade name to D (hereinafter "D"), and completed the registration of change of the company's name on February 19, 2013.
F. Since then, theO was appointed as the representative director of D, and on February 12, 2014, when theO was appointed as the representative director, D transferred the instant claim for construction payment to the Plaintiff, and around that time, the Defendant.