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(영문) 서울고등법원 2016.09.02 2016나2008167
양수금
Text

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. The plaintiff sought the payment of the money stated in the purport of the claim, which is the cause of the claim for damages arising from the tort committed by the original defendant and the co-defendant A (hereinafter referred to as the "AB") of the first instance court, and the acquisition money against the defendant. The court of first instance dismissed the claim for damages arising from the tort and accepted part of the claim for acquisition money.

As the defendant appealed, the scope of this court's trial is limited to the claim for the above amount.

2. Basic facts

A. As the representative of the A church, the Defendant entered into a contract with C (hereinafter “C”), with respect to the construction of a new community living facility and an education hall on the ground D (hereinafter “instant construction”); on August 5, 201, with respect to civil engineering works among the instant construction works, KRW 1,100,000; on September 5, 201, with respect to new construction works among the instant construction works, KRW 4,621,760,000; on September 5, 201, with respect to the new construction works among the instant construction works, KRW 4,621,760,00; on September 5, 2011, with respect to the date of commencement; and on September 4, 2012.

B. On August 5, 2011, C entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff, and the Plaintiff, regarding civil engineering works among the instant construction works, as KRW 715,00,000,000, the date of commencement, August 5, 2011, and November 5, 201, respectively, and the Plaintiff completed civil engineering works under the instant subcontract around December 201.

C. On December 12, 2011, the Plaintiff filed a tax invoice of KRW 715,00,000 for the construction amount stipulated in the instant subcontract and filed a claim for payment to C. On January 5, 2012, C filed a claim with the Defendant for the payment of KRW 1,930,000 for the completion of the instant construction project, including civil engineering works.

While C was unable to pay the Plaintiff the amount of civil engineering works, on July 26, 2012, the Plaintiff, C, and Defendant drafted a claim transfer and takeover contract with the following contents:

(hereinafter “instant contract for the transfer and takeover of claim 1”). Plaintiff C, the assignment of claim 1, is the assignee of the claim.

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