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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff, who manufactured and processed the claim fire pipelines against D, entered into a contract for the supply of fire-fighting pipes with D Co., Ltd. (hereinafter “D”) which is engaged in the fire-fighting equipment business, etc. and supplied D with fire-fighting pipes equivalent to KRW 95,052,319 until July 31, 2013.
B. 1) C (the instant construction contract, etc.) was mutually modified at H on December 27, 2013.
hereinafter referred to as "project owner"
) The building of automobile sales facilities (hereinafter referred to as “instant building”) on the ground B of Yeongdeungpo-gu, Young-gu, G at the time of tolerance.
(2) Around June 20, 2012, the Defendant entered into a subcontract with G for electrical and fire-fighting installation works of the instant building at KRW 1.1 billion (including value-added tax) among the new construction works of the instant building.
3) On July 1, 2013, D is the fire-fighting facility works among the above electricity and fire-fighting facility works subcontracted by the Defendant between the Defendant and the Defendant (hereinafter “instant construction”).
(i) Contract price for construction with respect to construction: 462,00,000 won [50% of the contract price for construction (for example, giving up materials and personnel inputs in two installments) and the balance: Within one month after completion of construction (after payment by the original office): The period: From March 10, 2013 to July 31, 2013; the amount of construction price for delay x the number of delayed days x the number of delayed days x 0.1% (hereinafter “instant contract for construction”).
(C) After concluding the instant contract, the Plaintiff performed the instant construction by using the fire-fighting pipe, etc. supplied by the Plaintiff. (1) The Plaintiff did not receive KRW 85,052,319 out of the price of the fire-fighting pipe, etc. supplied by D as above. As such, on October 16, 2013, the Plaintiff entered into a contract for the assignment of claims (hereinafter “instant contract for the assignment of claims”) with the Plaintiff to transfer KRW 85,052,319 out of the instant contract price claim against D against the Defendant with D’s actual manager E.
At the time of this case, E shall be the same.