양수금 등
1. All appeals filed by the plaintiff and defendant B are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. Basic facts
A. On May 9, 2009, with respect to civil engineering works and water tank site creation works on Pyeongtaek-si E-si 1,793 square meters, F forest land 4,601 square meters, G forest land 3,306 square meters, and H 586 square meters (hereinafter the above land collectively referred to as “instant land”), the contracting parties, who entered into a contract with Defendant B on February 1, 198, with the Defendants (Defendant C is the co-owners, and Defendant D was married on February 24, 1998 but divorced on February 24, 1998), i, contractor I, J, construction period of KRW 450 million, construction period of KRW 450,00,000,000 for construction cost, from May 15, 2009 to October 30, 2009 (hereinafter referred to as “instant contract”).
B. Also, July 5, 2009
With respect to the civil works among the works described in paragraph (1) (hereinafter referred to as “instant construction works”), a subcontract agreement (Evidence A 3-1 and hereinafter referred to as “instant subcontract agreement”) was drawn up between June 22, 2009 and August 22, 2009 with respect to the contractor I, the contractor, the work price of KRW 320 million, and the construction period of KRW 320 million.
C. Around August 2009, the J, expressed as one of the co-contractors of the instant contract, was detained, and on October 14, 2009, approximately two months thereafter, written an agreement termination statement (Evidence B) was drafted in the name of the J and the Defendants to cancel the instant contract.
On the other hand, around August 201, I and the Plaintiff concluded an assignment contract (Evidence A 7-1) with the content that I transferred KRW 104,628,636 among the claims for construction price under the instant contract, which I had against the Defendants, to the Plaintiff, and that the said assignment of claims will be granted to the Plaintiff.
E. According to the above assignment contract, the Plaintiff sent the notice of the assignment of claims in the name of I to the Defendants. On April 30, 2012, Defendant B and D sent the notice to Defendant C, and the notice to Defendant C reached the Defendants’ legal representative on February 6, 2013 where the instant lawsuit is pending.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 7, 8, 14, 21 shall include the number, hereinafter.