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1. As to Defendant Gold-up Co., Ltd., the Plaintiff, 88,566,286 won and its related amount from March 4, 2015 to July 8, 2015.
Reasons
1. Determination as to the claim against Defendant Geum-up Co., Ltd. (hereinafter “Defendant Co., Ltd”).
A. The facts of recognition (1) Defendant Association Housing Reconstruction Project Association (hereinafter referred to as the “Defendant Association”) is a reconstruction project association that was built to establish the gold-si apartment building, which is the main complex building (hereinafter referred to as “the apartment of this case”) on the 208-9 and 2 lots of land in Geumcheon-gu, Busan. The Defendant Company is the commencement project of the instant reconstruction project for which the Defendant Association received a contract for the construction project of the instant apartment of this case from the Defendant Association.
(2) On September 30, 2010, Defendant Company entered into a subcontract (hereinafter “instant subcontract”) with respect to the construction cost of the New Airport Construction at KRW 375,00,000,00 with respect to the creative, steel, glass, and Calking (hereinafter “instant construction”) among the instant apartment construction works, and the Defendant Company agreed to pay KRW 70,00,000 for the settlement of the additional volume incurred during the instant construction works to the New Changwon L&Cwon on November 1, 201.
(3) After the completion of the instant construction, the Defendant Company did not pay KRW 88,566,286 out of the construction cost (hereinafter “the instant construction remainder”).
(4) On May 29, 2012, the Defendant Company consented to the payment of the instant balance of the construction to the New Changwon, and on June 1, 2012, the Defendant Company: (a) prepared a written confirmation that the Defendant Company shall preferentially pay the amount equivalent to the instant balance of the construction to the New Changwon, out of the construction cost to be paid to the Defendant Company; and (b) delivered it to the New Changwon on November 28, 2012.
(hereinafter “instant direct payment agreement”). (5) On October 23, 2013, the New Chang L&C transferred the instant construction remainder claim to the Plaintiff, and notified the Defendant Company of the said assignment of claim on March 3, 2015.
【Ground for recognition: 【Dispute.】