(영문) 서울서부지방법원 2015.06.05 2014가합6145

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(영문) 서울서부지방법원 2015.06.05 2014가합6145

양수금

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1. The defendant's amount of money stated in the separate sheet "written claim and cited amount sheet" and each of the amounts stated in the separate sheet.

Reasons

1. Basic facts

A. On October 31, 2013, the Defendant concluded a contract with Dian Design Co., Ltd. (hereinafter “Dian Design”) to determine construction period as KRW 263,00,000 between November 1, 2013 and February 28, 2014 and the construction cost of KRW 263,00,000, and paid KRW 100,000 to Dalian Design Co., Ltd. (hereinafter “instant construction”).

B. Meanwhile, F, the owner of urban-type residential housing B consent project undertaken with the said Adong, was also awarded a contract for the relevant interior design on the same day. The construction period is the same as the instant construction, and the construction cost is KRW 97,000,000.

C. On March 7, 2014, DNA design discontinued the instant construction project on the condition that it was not completed, and accordingly, the Defendant has suspended the instant construction project.

3. On 17. Diplomatic Design, after declaring his intention to cancel the instant construction contract.

4. The construction of this case was completed at the end of the horse.

DB design, on March 25, 2014, entered into an agreement on the assignment of claims with the intent to transfer the amount corresponding to each of the items in the “claim” column in the attached Table among the claim for the construction cost of DB design against the Defendant for DB design to the Plaintiffs who supplied sewage or goods or services, as part of the instant construction work.

3. 31. The defendant notified each of the above assignment of claims to the defendant.

[Reasons for Recognition] Facts without dispute, Gap 1, 14-1, 14-2, Eul 1's entries, the purport of the whole pleadings

2. Even if a construction contract for a construction project is terminated even if there is a part which has been completed due to the termination of the contract for the construction project, if the construction project has been considerably advanced and its restoration to its original state has resulted in serious social and economic losses, and the construction project owner is entitled to benefit the project owner, the contract for the construction project shall be invalidated only for the part which has not been completed and the contractor shall be

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