양수금
1. The defendant received KRW 54,923,00 from the non-party Shin Tech Co., Ltd. at the same time, and simultaneously received KRW 54,923 from the plaintiff.
1. Basic facts
A. On October 2010, the Defendant was awarded a contract with the Korea Rural Community Corporation in Egeocheon-si to the Water Quality Improvement Project for Agricultural Water in the Seocheon-si located in Egeocheon-si, and on April 3, 2012, to the New River Tech Co., Ltd. (hereinafter “New River Tech”) during the construction works contracted as above (hereinafter “the instant construction works”).
(B) The contract was entered into with the construction cost of KRW 204,930,00 (Additional Tax Separate), the construction period from April 9, 2012 to May 31, 2012.
B. From the completion of the instant construction to October 2013, 201, the amount which was not paid by the Defendant out of the construction price of the instant construction by the Defendant is KRW 54,923,00 (hereinafter “instant remainder claim”).
C. On November 27, 2013, New Tech transferred the instant claim for the remainder of the construction project (hereinafter “transfer of the instant claim”) to the Plaintiff, and on December 18, 2013, New Tech sent the Defendant a certificate of content that notifies the transfer of the instant claim, and the said certificate reaches the Defendant on December 19, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder claim of the construction work of this case that the Plaintiff acquired from the New Text and the delay damages therefrom.
3. Judgment on the defendant's defense
A. The Defendant’s defense is defective in the construction of the instant case, and the Defendant has a damage claim in lieu of the repair of defective defects against the New Anteex, which is in the simultaneous performance relationship with the remainder claim of the construction of new Anteex. Therefore, the Plaintiff’s claim cannot be complied with.
B. The Plaintiff’s damage claim in lieu of the defect repair of the Defendant’s new Twittech is the case.