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(영문) 대구지방법원 2021.01.14 2019가합209844

양수금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant owns 10, G, and 10 pieces of land (hereinafter “instant land”).

B. On April 3, 2018, H entered into a contract for the construction of three houses on the instant land (hereinafter referred to as “the instant construction contract”) with I and J as a contractor, H as a contractor, with the construction cost of KRW 4.3 million from April 13, 2018 to July 30, 2018 (hereinafter referred to as “the instant construction contract”).

(c)

The plaintiffs received subcontract from H for each part of the construction of this case. Specifically, the plaintiffs Gap received subcontract for each part of the construction of this case from H, and specifically, the plaintiff Eul received subcontract for the part of the outer wall Lone Star Copex, the part of the plaintiff Eul's structural frame, the plaintiff Eul's joint voting, the part of the joint voting and the joint voting of the plaintiff Eul, the parts of the iron bars processing, and the part of the plaintiff Eul's body.

(c)

H, upon the failure to pay the subcontract price to the Plaintiffs, on August 17, 2019, caused KRW 440,460 million between the Plaintiffs and the Defendant, and concluded a contract on the transfer of claims between the Plaintiffs with the purport that each of the claims for the construction cost amounting to KRW 8,8920,00 (= KRW 444,60,000 x 1/5) is transferred to the Plaintiffs, and on August 20, 2019, the notice of the transfer of claims was sent to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, Eul evidence Nos. 1 and the purport of the whole pleadings

2. The Defendant asserted the Plaintiffs, along with I and J on September 2018, agreed to obtain the approval of the use of the entire house newly constructed by the instant construction project from H as a collateral, and to obtain a bank loan or pay the construction cost through sale and purchase. As such, the Defendant agreed to pay the construction cost to the Plaintiffs who acquired the above construction cost claim of H.