(영문) 대전지방법원 2015.09.16 2014가합1625

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(영문) 대전지방법원 2015.09.16 2014가합1625

양수금

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1. Of the instant lawsuits, the part concerning the claim for 261,944,210 won and damages for delay shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. On December 29, 201, the Defendant concluded a contract for construction works between the Defendant and the Intervenor’s Intervenor, setting the construction cost of KRW 8,140,00,000 (including value-added tax), the construction period of which was between February 1, 2012 and April 30, 201, with the Plaintiff’s Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”) as KRW 0.1% for liquidated damages.

B. On September 6, 2013, the Intervenor for the completion of the instant building and the approval for use of the instant building obtained approval from the head of Seo-gu Daejeon Metropolitan City from the head of the Gu.

C. On January 24, 2014, an intervenor assisting the transfer and takeover of claims between the Plaintiff and the Intervenor transferred the Intervenor’s claim for construction cost of KRW 475,450,000 among the instant construction cost to the Defendant against the Defendant (hereinafter “transfer of claims”), and notified the Defendant of the assignment of claims by content-certified mail on January 28, 2014, and the said notification reached the Defendant on February 4, 2014.

The Intervenor withdrawn the part of the claim assignment of this case from the part of the claim assignment of this case with the Plaintiff’s consent. The Intervenor notified the Defendant of the withdrawal of the claim assignment of this case on July 21, 2014. The above notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 17, Eul evidence No. 17, the purport of the whole pleadings

2. Determination as to the cause of claim

A. On March 7, 2012, the Plaintiff’s Intervenor entered into a contract with the Defendant to increase the construction cost of the instant case from KRW 8,140,00,000 to KRW 9,900,000. Even if the said increase is not recognized, at least the amount of KRW 9,250,000,000 issued by the Defendant to the Intervenor in connection with the instant construction work should be recognized as the construction cost. 2)

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