공사대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. On May 18, 2012, Daeyang Construction Co., Ltd. (hereinafter “Large Construction”) is a start-up construction project of Taeyang-si, Jungsan-dong, Jungsan-dong, Ulsan-si, and the 00 Basan Construction Co., Ltd. (hereinafter “the 00 Basan Chairman”) is a contract for the indoor floor PVCl Corporation (hereinafter “the instant construction”). The Defendant decided to succeed to the status of the contractor as above of the 00 Masan-si, the Plaintiff subcontracted part of the instant construction; the Defendant completed the subcontracted construction; the Defendant did not pay the Plaintiff the 13,500,000 won for the subcontracted construction cost; and there is no dispute between the parties, and the Defendant is obligated to pay the Plaintiff the 13,500,000 won for the subcontracted construction cost and the damages for delay.
2. Judgment on the defendant's assertion
A. The gist of the Defendant’s assertion was that the Plaintiff lost in the lawsuit against the Gyeongyang Construction (Seoul District Court Decision 2012Gaso61443). This is not because the Defendant’s claim for construction price for the Gyeong Construction transferred from the Defendant did not exist, but because the Defendant’s failure to submit a warranty document or failure to pay the warranty bond was not properly performed, such as submission of adequate means of attack and defense.
The plaintiff did not file an appeal against the above judgment and the above judgment became final and conclusive.
Therefore, the plaintiff's claim is improper.
B. Determination is based on: (a) the obligor’s transfer of another claim to the obligee in relation to the repayment of the obligation is presumed to have been transferred by means of a security for repayment of the obligation or a repayment method, barring special circumstances; and (b) in such case, it is not deemed to have been substituted for the repayment of the obligation; and (c) the original claim should be deemed to have been extinguished