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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Defendant and E leased from Gwangju City G and the third floor building located in H (hereinafter “instant building”) to build artificial complexes and operate a scarcity specialized restaurant in the same industry.
Thus, on March 26, 2012, the Defendant entered into a lease agreement with C, and paid KRW 100,000,000 as lease deposit. As to the interior works of the instant building (hereinafter “instant construction”), a contract for construction works (Evidence 2) as of March 28, 2012, the contract amount of KRW 242,00,000 as the Defendant, the contractor, and the contract amount of KRW 242,00,000 as of March 28, 2012, was prepared as of April 24, 2012.
D had engaged in the manufacturing business of steel structure under the trade name of "I".
In fact, D and the Plaintiff shared the instant construction work.
B. The instant construction was suspended on April 2012 when a dispute arose between Defendant and E and C due to the change of the purpose of use of the instant building.
C A lawsuit against the Defendant was filed by the Seoul Central District Court 2012Gahap76961, and the Defendant filed a counterclaim to seek the return, etc. of lease deposit with the same court 2012Gahap76978. On January 14, 2013, in the instant case (hereinafter “related civil case”), the conciliation was concluded that C would deliver the instant building and pay KRW 45,000 to the Defendant 45,00,000.
C. On February 13, 2013, D transferred to the Plaintiff the claim for construction price of KRW 185,00,000 relating to the instant construction project, and sent a notice of assignment of claims to the Defendant on April 1, 2013, and that notice reached the Defendant on April 2, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 8 and 13, witness D of the first instance court, the purport of the whole pleadings
2. Whether the defendant is a trust in a lawsuit is null and void as the assignment of claims, the main purpose of which is to allow D and the plaintiff to conduct procedural acts.