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(영문) 서울동부지방법원 2019.04.23 2017가단130408

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2016, the Defendant received a supply of and demand for C Apartment Construction Work (five sections) from the Korea Land and Housing Corporation (hereinafter “the instant construction work”) and subcontracted the instant construction work to D Co., Ltd. (hereinafter “D”) for KRW 1,957,964,731.

(Agreement Construction Period: from July 1, 2016 to September 6, 2017).

D At the time of the instant construction contract, the Defendant, the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation agreed to receive the instant construction cost directly from the Korea Land and Housing Corporation each month, and accordingly, the amount of the instant construction cost was paid in 1.68 billion won until May 15, 2017 (11 minute) of the instant construction cost.

C. Meanwhile, on July 7, 2017, the Plaintiff acquired KRW 150 million out of the claim for the remainder of the instant construction project against the Defendant from D, and notified the Defendant of the fact of the said transfer on July 27, 2017 upon delegation of the authority to notify the assignment of claims.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 8, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Although D had completed all of the instant construction at the time of the Plaintiff’s acquisition of the Plaintiff’s claim, the Defendant did not pay up to now the amount of KRW 271,064,731 out of the price (i.e., contract amount of KRW 1,957,964,731 - up to 11 times).

Therefore, the Plaintiff seek payment of KRW 150 million and damages for delay to the Defendant.

B. In the event that the Defendant paid the advance payment to Defendant D by May 15, 2017, it determined that D could not continue to perform the instant construction work due to the locking of the representative director, etc., and notified D of the instant construction contract around July 11, 2017, and completed the settlement of the instant construction cost by the Defendant’s direct payment of the labor cost unpaid to D’s husband until it was terminated.

3. Determination

A. On June 23, 2017, the management affairs of 1D, Inc., the Defendant et al., “Defendant et al.”, shall contact the representative director F with each other.