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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. (1) On April 30, 2015, the Defendants entered into a subcontract with E Co., Ltd. (hereinafter “Nonindicted Company”) to jointly subcontract the construction of soil and structures among Seoul FF Corporation (hereinafter “instant construction”) on the basis of the due date set on February 19, 2017.
(2) On September 5, 2016, Nonparty Co., Ltd. notified Defendant C (the Defendant’s name omitted) that it transferred KRW 110,336,512, out of the construction cost claims it owns against the said Defendant, to the Plaintiff.
(3) On September 29, 2016, the Defendants notified the non-party company of the rescission of the contract on the grounds of the discontinuance of construction works by the non-party company.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 3
2. Both claims;
A. Plaintiff (1) The construction cost of the instant case is KRW 3,801,00,000 for the first time and KRW 1,326,530,613 for the second time.
1 The plaintiff is arguing to KRW 1,300,000 through reference documents after the closing of argument.
The Defendants paid the construction cost to other creditors even after the Plaintiff’s notice of assignment of claims was delivered.
Although the amount claimed by the Defendants was excluded, the non-party company has at least KRW 450,247,993 claims against the Defendants.
② In relation to the instant construction project, the Plaintiff supplied Nonparty Company with KRW 110,336,512 steel bars, and recovered KRW 32,517,860 from Nonparty Company.
Therefore, the Defendants are obligated to pay the Plaintiff the acquisition money stated in the purport of the claim, which is the remainder remaining after recovery.
B. The Defendants ① The instant construction cost is KRW 3,801,00,000.
The Defendants paid the construction price to the non-party company by the time when the Plaintiff’s assignment of claims is notified. As such, the Defendants’ obligations to the non-party company related to the instant construction were already extinguished.
② The Plaintiff prescribed the instant construction contract.