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(영문) 서울고등법원(춘천) 2019.01.16 2018나1068
양수금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

This part of the judgment of this court concerning the cause of a claim is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of corresponding part.

The main defense of the Defendant’s defense is that E, at the time of entering into each of the subcontract agreements of this case, agreed not to transfer the claim for the construction cost to a third party, and the Plaintiffs, who acquired the claim for the construction cost, knew of the above special agreement, and even if they were not aware of it, the assignment of the claim of this case is invalid as contrary to the above special agreement.

If a third party takes over a claim from a creditor, the obligor of the relevant legal doctrine may set up against the assignee who is aware of the existence of the special agreement prohibiting the assignment of claim, or who was grossly negligent when he/she was unaware of the existence of such special agreement.

In this context, gross negligence refers to the absence of knowledge of the existence of a special agreement because it does not give any attention to the extent required to ordinary people even if it does not pay considerable attention to it, if it is easy to easily understand the existence of such special agreement.

A third party's bad faith or gross negligence shall be proved by a person who intends to oppose the transferee by a special contract prohibiting the assignment of claims.

(see, e.g., Supreme Court Decisions 2010Da8310, May 13, 2010; 201Da102066, Jan. 23, 2014). Recognizing that evidence A, e.g., evidence B-1, 2-1, 2-2, 8-1, 8-2, 20 through 23, 20-1, 29-2, 29-1, 2-2, and 3-2, and h’s testimony by a witness of the first instance trial, the following facts may be acknowledged in full view of the overall purport of the pleadings.

Each subcontract contract of this case (as stated in the Evidence A 1 and 2) shall be entered into at the end with the construction period, the construction cost and the payment method, etc., as well as at the end, “The Parties shall comply with the aforementioned terms and conditions, the design drawings, specifications, etc.

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