양수금
1. The Defendant: (a) KRW 150,00,000 to Plaintiff A; and (b) KRW 70,000,000 to Plaintiff B; and (c) each of the said money, from July 3, 2018 to July 2018.
1. Determination on the cause of the claim
A. Fact-finding 1) Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”)
(A) Around February 2017, the Defendant purchased from Nonparty E the land F, G, H, and I (hereinafter “instant land”) in Yongsan-gu, Yongsan-gu, Busan-si, G, H, and I (hereinafter “instant land”).
B) On May 29, 2017, the Defendant, among the construction works of new houses on the ground of the instant land with the Nonparty Company and the instant land, is called the “instant construction work” (hereinafter “instant construction work”).
(1) The term “instant prime contract” refers to a contract for a construction project that sets the construction cost of KRW 200,000,000 to the non-party company (hereinafter “instant prime contract”).
(C) On June 28, 2017, the Defendant concluded a construction contract again (hereinafter “instant contract”) by changing the construction cost of the instant construction project to KRW 270,000,000 with the Nonparty Company. The main contents are as follows.
6. The progress payment and balance of construction works: A special agreement on preferential payment out of the sale price;
4. The sum excluding all inputs, including the construction cost, and the Defendant’s basic profit-making funds (40,000,000) will be divided by 50% by the Defendant and the Nonparty Company.
5. It shall be treated as a bank loan if it becomes possible to sell a parcel of land within one month after completion.
(2) On July 2, 2018, the non-party company transferred the claim to the plaintiffs of the non-party company and notified the non-party company (hereinafter referred to as the "transfer of claim in this case"), among the contract price claim in this case, the claim amounting to KRW 150,00,000 and the incidental interest claim amounting to it, and the claim amounting to KRW 70,00,000 and the incidental interest claim amounting to it, respectively (hereinafter referred to as the "claim transfer").
B) On July 16, 2018, Nonparty Company sent to the Defendant a certificate of content that notifies the assignment of the instant claim, and the said certificate reaches the Defendant on July 17, 2018. 3) Nonparty J concluded a sales contract with the owner of the instant construction on May 3, 2018 with respect to part of the instant construction object on the instant land.
[Reasons for Recognition] Unsatisfy, Gap 1, 3 through 6.