(영문) 광주지방법원 2017.05.24 2016가단42942

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(영문) 광주지방법원 2017.05.24 2016가단42942

양수금

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1. The defendant shall pay 30,000,000 won to the plaintiff and 15% per annum from November 15, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant awarded a contract to Non-Party Construction Co., Ltd. (hereinafter “Non-Party 1”) for internal tegrative work among the new construction works of the Gwangju Mine-gu 6th main funeral hall located in Gwangju Mine-gu (hereinafter “instant construction work”).

B. The Plaintiff completed part of the instant subcontracted construction (hereinafter “instant subcontracted construction”) from the Nonparty Company upon entering into a subcontract.

C. Under the Plaintiff’s failure to receive construction cost of KRW 30,00,000 from the Nonparty Company with respect to the subcontracted work in this case, the Plaintiff, the Nonparty Company and the Defendant: (a) on March 28, 2016, written agreement that “30,000,000 out of the construction cost claim against the Defendant of the Defendant of the Nonparty Company shall be transferred to the Plaintiff; and (b) even if the Defendant did not notify of the transfer, it shall be approved by the Defendant. Accordingly, the Defendant’s payment to the Nonparty Company shall be KRW 140,00,000.”

In addition, on April 19, 2016, the Plaintiff is the Defendant on April 19, 2016.

A notice of the assignment of claims in the port was given, and the above notice was delivered to the defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts, the defendant is obligated to pay 30,000,000 won and damages for delay to the plaintiff according to the above agreement on the transfer and takeover of bonds.

B. The Defendant’s assertion as to the Defendant’s assertion was originally requested by Nonparty 1 Co., Ltd. to design the instant construction project, and received the design drawing and dosages.

However, the Defendant contracted the instant construction to the non-party company, and issued the said design drawings, and the Plaintiff performed the instant subcontracted construction by using the said design drawings.

The defendant did not promise to pay the design cost to the non-party company, and the non-party company is above.

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