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(영문) 서울북부지방법원 2016.11.22 2016나31181
공사대금
Text

1. The plaintiff's appeal, the claims extended in the trial and the selective claims added in the trial are all dismissed.

2...

Reasons

1. The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the following determination as to the claim for transfer money which was selectively added at the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff’s assertion on the Plaintiff’s claim for the acquisition money, even though it was not recognized that the Plaintiff entered into a contract for the additional interior works with the Defendant directly with the Defendant, the Plaintiff is obligated to pay the instant additional construction money to the headquarters of the franchise store in accordance with the franchise agreement concluded with the headquarters of the franchise store, since the Plaintiff completed the additional interior works for the Defendant’s store (hereinafter “instant additional construction”).

However, on April 15, 2016, the chain store headquarters transferred all rights to the Plaintiff regarding the instant additional construction cost to the Defendant, and notified the Defendant of the assignment of the said claims. As such, the Defendant is obligated to pay the Plaintiff the acquisition amount equivalent to KRW 20,570,000 of the instant additional construction cost and damages for delay.

B. As to the Plaintiff’s claim for the above additional construction costs on the ground that the Defendant’s principal safety defense, which is the assignment of claims for the purpose of the lawsuit trust, was transferred by the headquarters of the franchise store to the Defendant, the Defendant asserts that the act of transferring the claims to the Plaintiff by the headquarters of the franchise store constitutes a litigation trust with the main focus on allowing the Plaintiff to conduct litigation.

The defendant bears the burden of proving that the assignment of claims is a litigation trust act (see, e.g., Supreme Court Decision 2006Da9156, Jul. 28, 2006).

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