양수금
1. The request is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Arrangement of issues based on the argument
A. The Plaintiff’s assertion that the Plaintiff is entitled to KRW 110,656,00, out of the construction price claims that the Defendant had, and notified the Defendant of the transfer, shall pay the claim amount as part of the claim.
B. A claim asserted against the Defendant is subject to a non-assignment agreement between the transferor and the Defendant. As the seizure of this claim conflicts with each other, the obligee’s total amount of claims exceeds the amount of claims. As such, the Defendant’s obligation was extinguished by the deposit of the Defendant’s obligee
2. Where the assignment of claims has been made in violation of a non-assignment agreement, and the assignee knew of, or was unaware of, the existence of a non-assignment agreement, the assignment of claims becomes void, and, contrary to the assignee’s gross negligence, if the assignee did not know of the existence of a non-assignment agreement without gross negligence, the assignment of claims becomes effective, and the obligor is determined by the obligee of the assignee’s claim with a non-assignment agreement and the assignee’s good faith, bad faith, bad faith, etc. of the assignee. In the event that a claim under a special agreement on the prohibition of assignment has been assigned, the obligee bears the burden of proving the assignee’s bad faith or gross negligence. However, in such a case, there is sufficient room for doubt as to whether the assignee’s good faith, etc. is not known, and thus, the obligor may make a deposit for payment on the ground
(See Supreme Court Decision 2000Da55904 delivered on December 22, 2000). In the instant case, there is only dispute as to whether a non-assignment agreement is attached to the assigned claim.
In full view of the evidence Nos. 1, 2, and 4 and witness A’s testimony, a special clause prohibiting the transfer of the contract between the assignee of the claim and the defendant(Article 31) shall be placed on the claim for the construction cost transferred.