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1. The Defendant (Appointed Party) and the Appointed C jointly and severally serve as the Plaintiff KRW 37,013,400 and the Plaintiff’s amount from December 10, 2012.
Reasons
1. The Plaintiff’s assertion that the construction cost was KRW 500,000,000 paid out KRW 347,986,000, and the remainder KRW 152,013,40 remains.
H transferred to the Plaintiff the claim amounting to KRW 49 million. As such, the Defendant and the designated parties are obliged to pay the said KRW 49 million to the Plaintiff.
2. Facts of recognition;
A. A. Around February 2012, H was awarded a contract by the Defendant, the partner of the Defendant, and the Selection Co., Ltd, for the construction of 7 bonds on the ground and 6 lots of land (hereinafter “instant construction”) as KRW 2.5 million per square meter of the construction cost (2 square meters per bond, and 385 million in total).
B. H completed the instant construction work at the end of November 2012.
C. H received a total of KRW 347,986,600 from Defendant and Selection C by June 25, 2013.
H around May 12, 2014, the claim for the construction price payable to the Plaintiff amounting to KRW 152,013,400,000, out of which KRW 49 million was transferred, and on May 22, 2014, notified the Defendant, Appointor C, and G of the fact of transfer and reached that time.
[Ground of recognition] Facts without dispute, entries in Gap 1 or 2, witness H's partial testimony, purport of the whole pleadings
3. Determination
A. According to the above facts as to the Plaintiff’s claim against the Defendant and the Selection C, the claim against the Defendant of H and the Selection C at the time of the assignment of the above claim shall be deemed to have existed not only KRW 152,013,400 but also KRW 37,013,400 (= KRW 385,000,000 - KRW 347,986,600).
In this regard, the plaintiff asserts that the original construction amount is not KRW 385 million, but KRW 420 million, and that the additional construction amount is KRW 80 million, and that the total construction amount is KRW 500 million, and that the total construction amount is KRW 500 million. However, the witness H's testimony corresponding thereto is difficult to believe, and there is no other evidence to acknowledge it, the above assertion is without merit.
Ultimately, the Plaintiff is deemed to have received only KRW 37,013,400 from H as the claim for construction cost was transferred.