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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. The fact of recognition that the Plaintiff received a contract from the Defendant for automatic text work among the factory renovation work of C Co., Ltd. (hereinafter “instant construction work”) with the amount of construction cost of KRW 4.4 million (including value-added tax). The Plaintiff completed the instant construction work on October 23, 2017 but received only one million out of the construction cost from the Defendant does not conflict between the parties.
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3.4 million unpaid construction cost under the instant construction contract and the amount calculated by applying each rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of completion of the instant construction project, which the original copy of the instant payment order was served on the Defendant from November 17, 2017 to December 8, 2017, which was sought by the Plaintiff.
B. On October 23, 2017, the Defendant asserted that the Defendant did not have any obligation to pay the remainder of the construction cost to the Plaintiff on the ground that, on the grounds that, on October 23, 2017, the Defendant, instead of the Defendant’s waiver of C’s repair of the factory, D (mutual name and trade name E) entered into an agreement with the Defendant, C and D3 with the purport that D bears the obligation to pay the construction cost incurred to the subcontractor.
The Defendant’s assertion appears to the purport that D has assumed the Defendant’s remaining obligation for the payment of the construction price against the Plaintiff. Article 454 of the Civil Act provides that, in the event of a third party’s assumption of an obligation which is discharged from the obligor’s obligation by accepting the obligation based on a contract with the obligor, the obligee shall take effect only with the consent of the obligee. Thus, in the absence of the obligee’s consent, even if the obligor and underwriter agree to assume an obligation based on