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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. In around 2014, the Defendant promoted the business of constructing officetels on the land level other than B in the lusty city owned by the Defendant (hereinafter “instant business of constructing officetels”).
B. The design service contract concerning the instant officetel construction project between the Defendant and C (hereinafter “instant contract”) was drafted as of June 27, 2014 by the design service contract between the Defendant and C (hereinafter “instant contract”). The contract stipulates that the Defendant shall pay C KRW 600,000,000,000, out of the design service cost of KRW 840,000,000,000,000.
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion 1) C prepared design drawings, specifications, etc. necessary for the progress of construction work on or around November 2014 under the instant contract, and applied for a construction permit granted from the Defendant as the owner of the building on November 27, 2014, and obtained a construction permit from the Commercial City Mayor on November 27, 2014, and thus, the Plaintiff was entitled to KRW 600 million design fees from the Defendant. However, the Plaintiff received the said KRW 600 million design charges from C.
Therefore, the defendant is obliged to pay damages for delay from April 17, 2015, after the notice of assignment of claims to the plaintiff is delivered to the defendant, and the defendant is obliged to pay damages for delay from April 17, 20
B. 1) According to the overall purport of the statements and arguments by Gap evidence Nos. 3 through 5, the fact that the plaintiff was transferred from Eul on April 14, 2015 the "C's design cost claim amounting to KRW 600 million to be paid by the defendant at the time of granting the building permit under the instant contract" (hereinafter "transfer of claim of this case").
(2) On April 15, 2015, the Plaintiff and C cancel the instant contract for the assignment of claims on April 15, 2015, and then deliver the notice to the Defendant by content-certified mail, and each of them reaches the Defendant on April 16, 2015. However, according to the overall purport of the entries and pleadings in the evidence No. 16 and the entire pleadings, the Plaintiff and C cancel the instant contract for the assignment of claims on April 3, 2018.