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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. The Plaintiff is a person who is engaged in the business of leasing temporary materials in the trade name of “C,” and the Defendant is a project owner who constructed officetels (hereinafter “Dtel”) on the land surface of F and three parcels at the time of macro-si, and E is a contractor for construction work of Dtel.
B. On January 26, 2016, the Plaintiff entered into a lease agreement with E and E to lease temporary materials to be used at the construction site of a Dtel and supplied temporary materials.
C. On June 20, 2016, E drafted a certificate of confirmation (hereinafter “certificate 1 of this case”) stating that “E agrees to receive KRW 70,000,000 from the owner of the Dtel construction instead of C” (hereinafter “certificate 1 of this case”).
On June 21, 2016, the Defendant drafted a certificate of confirmation (hereinafter referred to as “certificate 2 of this case”) stating that “The owner of the building (the Defendant) promises to pay KRW 70 million to C (the Plaintiff) by June 30, 2017.”
[Ground of recognition] Each entry of Gap evidence 1 to 4, Eul evidence 1 to 4, and the purport of the whole pleadings
2. The Plaintiff asserted that he/she had a claim for rent of temporary materials worth KRW 70 million against E. However, on December 20, 2016, the Plaintiff acquired the claim for construction cost of KRW 70 million against E from December 20, 2016, in lieu of paying the said claim. The Defendant promised to pay KRW 70 million to the Plaintiff on December 21, 2016.
Therefore, the Defendant is obligated to pay the Plaintiff the construction cost claim KRW 70 million and the damages for delay.
3. According to the above facts of recognition as to the cause of the claim, on December 20, 2016, E transferred the claim for construction cost of KRW 70 million, which the Defendant had against the Defendant, to the Plaintiff, and on December 21, 2016, the Defendant accepted the assignment of the claim by preparing the certificate of confirmation No. 2 to the Plaintiff on December 21, 2016. Thus, special circumstances exist.