beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. Basic facts
A. (i) With respect to the new construction of a C Hospital (D Hospital) located in Seoyang-gu, Busan-si, the Defendant (hereinafter “Defendant”) entered into a subcontract with the Plaintiff on October 29, 2012 regarding the contract amount of KRW 1,243,00,000 (the final change was made in KRW 1,278,50,000) and the construction period until October 31, 2013 (the final change was made until June 30, 2015).
She (F representative) entered into a contract with the Plaintiff on March 9, 2013 to deliver the parts necessary for the said electrical construction, and delivered the parts to the Plaintiff.
B. On August 25, 2015, the Plaintiff prepared a letter to the Defendant that he/she should complete the construction by September 30, 2015 with respect to the part of the defects, such as the construction of the principal loan system, among the aforementioned electrical construction, and received KRW 123,00,000 from the Defendant as a part of the construction cost. After that, G, a subcontractor, concluded the construction of the said principal loan system, and transferred Eski, etc. to the Defendant and the hospital, but the Defendant paid only KRW 25,00,000 out of the remaining construction cost to the Plaintiff on October 2015.
C. (1) On August 26, 2015, the Plaintiff settled the accounts of the amount of delivered goods for the advance demand with E as KRW 24,595,947. On August 26, 2015, the Plaintiff transferred the remainder of the construction cost claim against the Defendant, which is part of the remainder of the construction cost (hereinafter “instant remainder claim”) to E, and notified the Defendant of the fact of the assignment of the said claim on December 22, 2015.
(2) The claim assignment contract of this case refers to the "transfer of claim of this case". The defendant directly pays 24,595,947 won to E (F) when it pays 310,000,000 won to the plaintiff's remainder of the delivered goods of this case (Article 3), and the defendant does not fulfill the conditions of Article 3 to E (F).