(영문) 부산지방법원 2018.02.22 2017나46752

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(영문) 부산지방법원 2018.02.22 2017나46752

추심금

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1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for this part of the reasoning is the same as that for the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this decision is as stated in this part of the judgment of the court of first instance, and thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the conjunctive claim

A. The plaintiff 1) The defendant should pay to the plaintiff the amount of KRW 96.3 million and damages for delay pursuant to the assignment of the claim in this case.

B) Even if not, the Plaintiff concluded a contract with the non-party company to accept again the main stairs hand (including value-added tax) construction from the non-party company to KRW 146,30,000 (hereinafter “instant subcontract contract”).

The Defendant concluded a non-assignment agreement with the non-party company regarding the claim for construction price when concluding the instant contract with the non-party company. Since the Plaintiff was grossly negligent in having known or not known the existence of the said non-assignment agreement at the time of the instant subcontract, the Defendant and the non-party company agreed to pay the construction price in a direct manner at the time of the said subcontract, and the Plaintiff completed the construction work. Accordingly, the Defendant is obligated to pay the said money and damages for delay, excluding KRW 50 million that the Plaintiff received from the Defendant, out of the construction price under the said direct payment agreement. (2) The Defendant did not conclude a direct payment agreement with the non-party company. The Plaintiff cannot oppose the said assignment of claims. Even if the Defendant’s obligation for acquisition of the money exists, the Defendant and the non-party company agreed to settle the amount to reduce the construction price under the instant contract, and accordingly, there is no claim for construction price that the company

(b).

참조조문

-민사소송법 제420조

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