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(영문) 서울고등법원 2019.08.23 2018나2023535
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The status of the parties is a corporation with the objective of general construction business, etc., and the Plaintiff’s assistant intervenor is a corporation with the objective of manufacturing and selling assembly-type panels and subsidiary materials, and the Defendant is a corporation with the purpose of manufacturing and selling e-M pens and industrial pens.

B. The Defendant’s entering into a contract with D Co., Ltd. and payment of the construction price (1) Defendant on August 20, 2014, Co., Ltd. (hereinafter “D”).

(1) The construction cost of KRW 1,056,00,000 (including value-added tax) and the construction period from August 25, 2014 to December 20, 2014; and CF Industrial Complex Factory Construction Co., Ltd., Ltd., Ltd., Ltd., Ltd., E at the time of Si interest, (hereinafter “instant new construction”).

2) The contract was contracted (hereinafter referred to as “instant contract”).

(2) The Defendant paid D KRW 823,600,000 as the contract price of this case from September 1, 2014 to December 31, 2014.

C. D’s conclusion of a subcontract with the Plaintiff, payment of the construction cost, and completion of construction works) D’s completion on October 6, 2014, the Plaintiff is the Plaintiff from among the new construction works of this case (hereinafter “instant printing panel construction”).

(2) As to the construction cost, the Plaintiff subcontracted the construction cost of KRW 222,200,00. Accordingly, the Plaintiff received supply from the Intervenor of the Plaintiff’s Intervenor and completed the construction of the panel, but did not receive KRW 170,860,000 out of the construction cost as above. (2) Meanwhile, the Defendant obtained approval for the use of the factory building completed by the instant new construction work on December 29, 2014.

D On January 23, 2015, after completion of the instant new construction project, D’s decision to transfer the unpaid construction cost claim against the Defendant and to recommend settlement thereof, D transferred KRW 170,860,000, out of KRW 232,40,000, which was not paid by the Defendant, to the Plaintiff. On the same day, the Plaintiff notified the Defendant of the assignment of the claim with the fixed date. The notification was made to the Defendant on January 26, 2015.

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