1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

C A. On May 31, 2014, the Defendant entered into a construction contract to newly construct a new house on the ground of the Gyeongnam-gun, Busan-gun (hereinafter “instant construction contract”) and received KRW 17,500,000 on the same day.

On June 1, 2014, June 30, 201, the construction cost of KRW 67,500,000 for the first installment payment of KRW 17,500,000 and KRW 50,000 for the remainder payment of KRW 17,50,000 for the first installment payment of KRW 67,50,000 for the first installment payment of the construction payment of KRW 67,50,000 for the first installment payment of the construction payment of KRW 50,00 for the first installment payment of KRW 50,000 for the first installment payment

C On December 16, 2014, the instant construction contract (hereinafter “instant housing”) was completed, and completed the warehouse construction work on December 30, 2014.

C On February 4, 2015, the Plaintiff transferred KRW 17 million out of the claim for the construction price of the instant construction contract (hereinafter “transfer of claim”) to the Plaintiff, and notified the Defendant of the assignment of claim, and the above notification reached the Defendant around that time.

【The Plaintiff’s assertion C by the parties to the instant housing project as to the following facts: (a) there was no dispute over the grounds for recognition; (b) each statement of Gap’s evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply); and (c) the overall purport of the pleadings; and (c) the construction of the instant housing project was completed on or around December 3, 2014; and (d) the Defendant is obliged to pay C the remainder of the construction

On February 4, 2015, the Plaintiff received KRW 17 million from C out of the outstanding claim. As such, the Defendant is obligated to pay the Plaintiff KRW 17 million and delay damages.

Since the Defendant’s assertion C did not complete the instant construction by November 30, 2014, which is the date of completion of the construction work under the instant respective text of the case, the Defendant did not have any obligation to pay the balance pursuant to paragraph (3) of the said letter, and there is no obligation to pay the balance to the Plaintiff.

Judgment

In the related legal principles, civil cases are not bound by the facts recognized in the judgment of other civil cases, etc., but are already finalized in the related civil cases.