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(영문) 서울중앙지방법원 2019.11.20 2019나2628
공사대금
Text

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

The defendant shall pay to the plaintiff KRW 16,060,00 and KRW 8,250,00 among them.

Reasons

1. Facts of recognition;

A. C is operating a window-honograph and metal construction business in a mutual name, which is an individual entrepreneur;

The plaintiff was established, and the defendant is a corporation that runs the construction design and construction business.

B. D and the Plaintiff did not receive the price, at the Defendant’s request, even though they performed the construction work as specified in the following table:

Serial D D D D 2,200,000 around February 2, 2016, around 880,000 2F around February 2016, 2015, Plaintiff 1,980 around 2014 and around 2,200,000 H around 20,000 around 20,000 around 20,000,000 May 1, 2015, D 2,750,000 around 2,750,000 around 20,000 around 20,060,000

C. On August 14, 2018, C transferred to the Plaintiff the claim amounting to KRW 13,200,000 ( KRW 2,250,000, KRW 2,750,000) in total, the construction cost of KRW 13,20,000, which was not received upon request from the Defendant under the name of “D” (hereinafter “transfer of claim in this case”), and notified the Defendant of the said transfer on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Gap evidence 13 through 16 (including paper numbers), Gap evidence 25, Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the cause of claim and the defendant's assertion

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the total of KRW 16,060,000 for the unpaid construction price and the delay damages therefor, unless there are special circumstances.

B. The defendant's assertion and judgment 1 defendant asserts that the assignment of claims in this case is null and void for the purpose of having the plaintiff conduct litigation as to the claim for construction cost of C.

However, from 2007 to 2016, the Plaintiff’s representative director C runs the construction business of windows and metal in mutual name.

Around 2015, there is no dispute between the parties to the establishment of the Plaintiff Corporation and the facts that C was requested by the Defendant to the contract with D or the Plaintiff as a party to the contract in 2015 and 2016. In light of these circumstances, C entered into “D”.

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