추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 17, 2016, the Plaintiff received a claim seizure and collection order as to KRW 60,497,079, among the claims for construction of the apartment complex in Suwon District Court 2016TBB Co., Ltd. (hereinafter “Nonindicted Company”)’s 36 B&B block unit against the Defendant, the Plaintiff was obligated to pay KRW 60,497,079,079 to the Plaintiff, since the said order was served on the Defendant on November 17, 2016.
2. Determination on the cause of the claim
A. On March 2, 2016, the Defendant and the non-party company entered into the instant construction contract by setting the contract amount of KRW 108,130,00 and the warranty rate of defect to 5% of the contract amount. 2) The non-party company’s content-certified mail that transfers part of the instant construction contract to a third party reaches the Defendant as shown in the attached Form.
3) On June 30, 2016, Nonparty Company sent to the Defendant a content-certified mail that withdraws the assignment of claims listed in the [Attachment List No. 1], but did not attach a written consent of the friendly press Co., Ltd., the assignee. (4) On November 24, 2016, Nonparty Company sent to the Defendant a content-certified mail that terminates the assignment of claims listed in the [Attachment List No. 2] or No. 4.
The non-party company attached the termination agreement with the transferee and the certificate of personal seal impression of the transferee to the above content-certified mail, but the A's seal impression affixed to the agreement was printed, and the A's representative director's seal impression was also affixed.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 8, purport of the whole pleadings
B. According to Article 452(2) of the Civil Act, notification of the transfer of claims cannot be withdrawn without the consent of the transferee of the claim. There is no evidence to acknowledge that the non-party company consented to the withdrawal of the transfer of claims as of June 30, 2016 by the transferee of the claim.
Therefore, the attached list Nos. 2 through 4-4.