레미콘대금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. Basic facts
A. The plaintiff is a corporation that runs the manufacturing and sales business of ready-mixeds, and the defendant is a corporation that runs the construction business.
B. From October 17, 2016 to February 20, 2017, F Co., Ltd. (hereinafter “F”) supplied ready-mixeds to the construction site of the Gyeongjin-gun GJ G located in Chungcheongnam-gun (hereinafter “instant construction site”). Accordingly, F Co., Ltd. supplied ready-mixeds to the Defendant at the construction site of the Gyeongjin-gun G located in Chungcheongnam-gun (hereinafter “instant construction site”). Accordingly, F’s value of the claim for the supply price of ready-mixeds owned by the Defendant is KRW 460,276,520.
C. From March 4, 2017 to June 16, 2017, the Plaintiff supplied ready-mixed at the instant construction site. Accordingly, the value of the Plaintiff’s claim against the Defendant for the supply of ready-mixed (hereinafter “instant claim”) is KRW 72,662,540.
On September 1, 2017, F sent a notice of assignment of claims (hereinafter “instant notice of assignment of claims”) to the Defendant as follows, and the Defendant received the said notice around that time.
The debtor: E and the assignee: F supplied the defendant with ready-mixed from October 17, 2016 to February 20, 2017.
Accordingly, the F is 460,276,520 won for the supply price of ready-mixed owned by F.
The Defendant paid KRW 100,000,000 to F on December 27, 2016.
F transferred to E on August 1, 2017 the remainder of 360,276,520 won claim for the supply price of ready-mixed.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3 (including additional number), the purport of whole pleadings
2. According to the facts based on the determination as to the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the amount of KRW 72,662,540 of the supply price of ready-mixed and the amount of KRW 12% per annum as prescribed by the Commercial Act from June 17, 2017 to May 29, 2019, the delivery of the original copy of the payment order of this case, the service of the original copy of the payment order of this case, as the Plaintiff seeks.