양수금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. On October 11, 2013, the Plaintiff asserted that the Plaintiff acquired the Plaintiff’s claim amounting to KRW 36,300,000 (including value-added tax), total construction cost of KRW 2,970,00 (including value-added tax), and KRW 39,270,000 (including value-added tax), among the construction cost claim related to the construction work for the extension and substantial repair of buildings on the land outside Dongjak-gu Seoul Metropolitan Government, which the said company had against the said company B and its assignee (hereinafter “instant construction”).
The defendant concurrently acquired the debt of the corporation B related to the instant C Corporation from the corporation B.
On February 25, 2015, the Plaintiff notified the Defendant of the assignment of claims entrusted by Ara General Construction Company.
However, while concluding a construction contract with Ara General Construction Co., Ltd., Ltd., agreed to receive construction cost of KRW 33,00,000 (excluding value-added tax) within 60 days from the date of completion, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 36,30,000 (value-added tax of KRW 33,000,000 for construction cost) and damages for delay from October 11, 2013 to 60 days after the date of completion of the completion of the construction project, and damages for delay from December 10, 2013, KRW 2,970,00 for the construction cost of the board, and damages for delay from the day following the date of delivery of a copy of the complaint of this case.
2. The Plaintiff asserted the above assertion on the premise that the Defendant concurrently assumed the Defendant’s debt owed to AD General Construction Co., Ltd. related to the instant C Corporation.
It can be seen as one of the contracts for third parties, since the assumption of an existing obligation, which is entered into by a contract between the debtor and the underwriter, is to have the obligee acquire a new right against the underwriter. In comparison, the acceptance of performance agrees to exempt the underwriter from the liability by extinguishing the obligation by the repayment, etc. under a contract between the debtor and the underwriter.