공사대금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On March 30, 2018, C Co., Ltd. entered into a subcontract (hereinafter “instant subcontract”) with the Defendant on the condition that it will receive and supply reinforced concrete construction works among DD works (hereinafter “instant construction works”) at KRW 7880,000,000 (hereinafter “instant subcontract”).
C On May 13, 2019, after transferring C’s claim for the instant construction cost against C to the Plaintiff, the Plaintiff notified C of the purport of the assignment of claim on the same day to the Defendant, and the said notification reached the Defendant around that time.
[Reasons for Recognition] Unsatisfy, Gap 1 to 5 evidence, the purport of the whole pleadings
2. The plaintiff asserts that the plaintiff shall pay KRW 91,294,313 to the plaintiff, since he/she acquired the claim for construction price from C to the defendant under the subcontract of this case.
In regard to this, the Defendant asserts that the assignment of claims by C violates the special agreement prohibiting the assignment of claims under the instant subcontract, and that the Defendant does not have any construction cost payable to C by offsetting the claim for the construction cost against C with the Defendant’s penalty against C by paying the money exceeding the construction cost incurred.
3. Comprehensively taking account of the evidence Nos. 9, 1, 4 and 10 evidence (including paper numbers) and the purport of the entire pleadings, C, upon performing the instant construction work from March 30, 2018 under the instant subcontract, notified the Defendant that it is impossible to perform the instant construction work on account of a hostile cumulative basis, on May 10, 2019. From April 30, 2018 to May 30, 2019, C, in order to claim the construction cost incurred until the suspension of construction works, issued a tax invoice on the instant construction cost of KRW 7,415,124,00 in total on 12 occasions to the Defendant from April 30, 2018 to May 30, 2019. Accordingly, the Defendant paid the Defendant the construction cost of KRW 7,126,84,80,000 in total once from June 5, 2018 to April 5, 2019.