(영문) 서울중앙지방법원 2020.06.03 2018가합541801

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(영문) 서울중앙지방법원 2020.06.03 2018가합541801

공사대금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the owner of land located in Songpa-gu Seoul Metropolitan Government C.

B. The Defendant entered into a contract for construction work with Nonparty D to construct an urban residential housing (hereinafter “instant housing”) on the ground of the above land, and D entered into a contract in the name of the Plaintiff (formerly: E Co., Ltd.).

C. As of June 12, 2018, the Defendant and D drafted each of the instant contracts with the contract amount of KRW 711,000,000 (the first contract), ② the contract amount of KRW 761,00,000 (the second contract), ③ the contract amount of KRW 1,005,000 (the third contract) and the contract amount of KRW 1,000 (the third contract).

(hereinafter “instant contract”). D. The instant contract requires the specification of the contract (hereinafter “instant tea contract”).

D completed the instant housing construction work, and the Defendant paid D the construction cost under the instant contract.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5, 10 evidence, Eul evidence 1-1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the construction amount of this case is KRW 1,005,00,000 according to the third contract of this case. Since the construction amount the defendant paid to D is merely KRW 774,432,940, the defendant is obligated to pay the construction amount to D, and since D transferred the above construction payment claim to the plaintiff, the defendant is obligated to pay the unpaid construction amount to the plaintiff.

B. The Defendant’s assertion 1) The assignment of the instant claim is null and void as a litigation trust with the main purpose of enabling litigation. Thus, the instant lawsuit is unlawful and dismissed. 2) The construction cost for constructing the instant housing is KRW 761,00,000 according to the instant secondary contract. The construction cost paid by the Defendant to D is KRW 891,082,410 in total.

Furthermore, since the defendant has damage claim 49,889,600 won in lieu of defect repair to D, the defendant is D or D.

유사 판례

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