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(영문) 서울고등법원 2016.05.31 2015나2013650

공사대금

Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, 121,984,144 won and its related thereto.

Reasons

1. Basic facts

A. On March 27, 2008, the Plaintiff entered into a contract with the Defendant for the construction of a new golf practice range (hereinafter “instant golf practice range”) located in Yongsi-si (hereinafter “instant construction practice range”) with respect to the construction work cost of KRW 4 billion (including value-added tax) and the construction period from April 7, 2008 to December 31, 2008 (hereinafter “instant construction contract”).

B. The Plaintiff received KRW 2,3770,000,000 from the Defendant for the construction price of the instant construction project.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on this safety defense

A. The part of the assignment of claim, seizure of claim and assignment order is ① upon the Plaintiff’s request to the Defendant for a direct refusal of the construction cost of the instant construction, the Defendant transferred the claim to 21 subcontractors, such as C company D, etc. subcontracted to the instant construction from the Plaintiff (hereinafter “contractor”). From the remainder of the construction cost of the Plaintiff’s claim KRW 1,248,728,605 [Tong Engineering Co., Ltd. (hereinafter “Tong Engineering”), the sum of the assignment amount to the instant subcontractors is KRW 1,248,728,605.

2) With respect to the Plaintiff’s claim for the construction price of this case, the Minister of Land, Infrastructure and Transport issued an order of seizure and assignment of the claim on January 12, 2015 by Suwon District Court No. 2014TTTTTE No. 205,50,000,000 won to the instant subcontractor and did not remainder to the Plaintiff. < Amended by Presidential Decree No. 25821, May 30, 2014; Presidential Decree No. 25174, Jan. 12, 2015; Presidential Decree No. 25175, Feb. 2, 2015; Presidential Decree No. 25174, Feb. 3, 2014>