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(영문) 대구지방법원 2016.01.14 2015나3608

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 10, 2010, a written contract was drawn up on August 10, 2010, between the Defendant and the United Nations (hereinafter “Nonindicted Company”); the Nonparty Company received a contract from the Defendant for the new construction of Kimcheon-si D and E ground accommodation (hereinafter “instant construction”) with the construction period from August 10, 2010 to December 30, 2010; and the construction cost of KRW 1.02,57 million (excluding value-added tax).

B. On August 1, 2013, Nonparty Company transferred 45 million won out of the claim for construction price based on the instant construction work to the Plaintiff, and notified the Defendant of the above transfer on September 3, 2013, and around that time, Nonparty Company issued the notice of assignment of claims to the Defendant.

C. After the completion of the instant construction, registration of preservation of ownership was completed for the said new building on February 1, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 7-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the non-party company lawfully transferred KRW 45 million to the Plaintiff out of the claim for construction price against the Defendant under the contract for the instant construction work. As such, the Defendant is obligated to pay the Plaintiff KRW 45 million and delay damages therefrom.

B. Defendant’s assertion 1) C Co., Ltd. (hereinafter “C”).

(2) Since the non-party company borrowed the name of the non-party company in the name of the non-party company and executed the construction of this case after entering into a contract with the defendant, there is no obligation that the defendant bears with respect to the construction of this case against the non-party company which is the nominal lender. 2) Even if the non-party company is the contractor, the total amount of the price settled for the construction of this case is 1.33 billion won and 1.1.45 billion won and the construction price is paid in excess of 7.263 million won by the defendant in advance. Thus, the plaintiff cannot respond to

3. Determination on the cause of the claim

A. The above facts of recognition and evidence Nos. 4, 6, and 3-1.