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(영문) 서울중앙지방법원 2021.02.02 2019가단5254980
양수금
Text

1. Of the instant lawsuits, the part of the Plaintiff’s claim for acquisition of the claim against D, E, F, G, H, I, J, K, L, and M concerning the claims that the Plaintiff acquired from D, E, G, H, and M.

Reasons

Basic Facts

B A Co., Ltd. (hereinafter referred to as “B”) is the construction of a new building and multi-family house (hereinafter referred to as “instant building”) located in N in the Hanam-si on December 20, 2018 from the Defendant (hereinafter referred to as “instant construction”).

At the time, the construction of the instant building was already completed, and the construction period was fixed from January 2, 2019 to April 30, 2019, and the construction cost of KRW 500,00,000 (excluding value-added tax) was agreed to receive each contract (hereinafter “instant contract”).

According to the instant contract, KRW 200,000,000 out of the construction cost shall be paid by the Defendant, and the remainder of KRW 300,000,000 shall be performed by the Defendant through the procurement and construction, but the instant building shall be leased after the construction of the instant building and shall be compensated by the method of receiving the lease deposit.

B commenced the instant construction work on January 2, 2019, and P, an employee of B, managed the instant construction site and carried out specific duties.

On January 10, 2019, the Defendant issued a check card with the head of Q (hereinafter referred to as the “instant account”) account in the name of the Defendant (the account number R; hereinafter referred to as the “instant account”) to the CO on or around January 10, 2019.

The Defendant deposited the construction price into the instant account, and theO paid the construction price to the subcontractor with the money deposited into the instant account by the Defendant.

The Defendant deposited KRW 40,000,000 on January 10, 2019, and KRW 50,000 on January 29, 2019, respectively.

O paid part of them to sewage suppliers who were inputs into the instant construction, such as transferring them to others.

B suspended the instant construction from February 26, 2019 to May 9, 2019.

The Defendant, through S, through the agent S, paid approximately KRW 100,000,000 to B around May 10, 2019, through the agent P, and the Defendant agreed to resume the instant construction.

From May 24, 2019, T performed specific duties while managing the instant construction site from May 24, 2019.

The defendant.

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