양수금
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
The Defendants and the LABD entered into a contract on May 3, 2016, as a contractor, the KAE entered into a contract with the FAF on the part of the contractor.
its key
Details are as follows:
(A1. (hereinafter referred to as “State”) - Defendants and D’s new construction works for factories and joint works, and joint works for reinforcement walls, and 15 parcels of G, i.e., Gyeongnam-gun, other than G, from May 9, 2016, and completed on October 30, 2016 - Of the total contract amounting to KRW 4,378,000,000 (including surtax), “public works, joint works for reinforcement, and packing works within an excellent conduit complex” are as follows:
(1) Within 50 days from the completion date of reinforcement works, expenses for reinforcement works, excellent irrigation works, and civil works in a complex shall be paid for such works.
(2) A contractor shall supply the payment materials in the future.
(3) Where a contractor fails to pay the contract price, he/she shall pay 25% interest per annum to the contractor.
(4) Where a person placing a contract fails to grant a loan for the payment of the contract price before the completion of construction works, he/she shall conduct a loan in consultation with the contractor.
On the other hand, the F Corporation contract included a clause prohibiting the assignment of claims as follows.
§ 24 (Transfer of Rights and Obligations) Any rights or obligations arising from this contract may not be transferred or delegated to a third party.
Provided, That this shall not apply when written consent of the other party and the consent of the guarantor is obtained.
On May 3, 2016, the Plaintiff entered into a partnership agreement with E on May 3, 2016, as of the date of concluding the construction contract.
its key
Details are as follows:
(A4) - The object of the same business shall be the civil engineering works within the factory site, the reinforcement soil works, and the packing works within the excellent pipes among the "F works" - the construction cost for the purpose of the business shall be covered by the plaintiff and E.
- The construction cost for the business objectives shall be received by E, and all kinds of expenses tax invoices, such as the construction cost invested by the plaintiff, the contract price for each partner, and surcharges.