양수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. On November 7, 2014, the Plaintiff entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with the purport that the Plaintiff takes over KRW 150,000,00 (hereinafter “instant contract on the construction payment”) among the claim for the construction payment under the contract for multi-household housing (hereinafter “instant contract”) located in Chungcheongnam-gun, the Chungcheong Budget-gun, and three parcels of land (hereinafter “instant contract”). D notified the Defendants of the fact of the said assignment of claims around September 2016.
【Reasons for Recognition】 Each entry in the evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
B. The Plaintiff’s assertion and judgment 1) The Plaintiff’s assertion 1) lawfully acquired the instant construction cost claim against the Defendants from D, and the Defendants are obligated to pay KRW 150,00,000 to each of them. (2) According to each of the evidence Nos. 1 through 3, 12, and 13, the parties to the instant construction contract are the Defendants, the contractor, and the new construction industry, the contractor (hereinafter “new construction industry”), and D is recognized as being delegated with all of the construction and funds from the new construction industry.
According to the above facts, the creditor of the construction cost under the contract for the construction work of this case is a new construction industry, and D merely is a person entrusted with the authority to execute or collect the claim for the construction cost of this case from the new construction industry, and it cannot be deemed that the Plaintiff lawfully acquired the claim for the construction cost of this case from D solely based on the assignment contract concluded between the Plaintiff
Even if the Plaintiff lawfully acquired the claim for the construction cost of this case from D, in full view of the aforementioned evidence as well as the overall purport of the statement and pleading of the evidence No. 4-1 to No. 11, the Defendants are prior to the notification of the transfer of the claim for the construction cost of this case.