(영문) 부산지방법원 2020.07.15 2020나43197

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(영문) 부산지방법원 2020.07.15 2020나43197

양수금

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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. Facts of recognition;

A. On November 27, 2018, the Defendant entered into a contract with D who operates C on November 27, 2018, setting the construction cost of “F” located in Youngdo-gu, Busan (hereinafter “instant construction”) as KRW 290,000,000 for work cost.

B. The Defendant paid D totaling KRW 270,00,000 to January 31, 2019 as the instant construction cost, and the Defendant is operating the said car page from April 2019.

C. D Co., Ltd. prepares an agreement between the Plaintiff on July 30, 2019 that transfers KRW 12,200,000 among the remaining bonds of the instant construction project, and the same year.

9. On the 19th day of the month, the Defendant sent a notice of notification of the assignment of the above assignment to the Defendant, and received it on the 20th day of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay 12,200,000 won out of the remainder claim of the construction of this case transferred from D and delay damages therefrom, unless there are special circumstances to the plaintiff.

B. On the Defendant’s argument, the Defendant asserted invalidation following a special agreement prohibiting the assignment of the instant construction contract has a special agreement prohibiting the transfer of the instant construction contract to a third party (Article 12 of the construction contract). The assignment of D’s assignment in violation of the said special agreement prohibiting the transfer of the instant construction contract is null and void. The claim asserts that the assignment of the instant construction contract is null and void. The assignment of the claim is prohibited if the parties express their contrary intent. However, the claim cannot be set up against a bona fide third party (Article 449(2) of the Civil Act). As can be seen, the party’s expression

In such case, the transfer of the bonds shall be lost.

In violation of a non-assignment agreement.

참조조문

-민법 제449조 제2항

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