logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.08.08 2016가단552662
공사대금
Text

1. The Defendant’s KRW 78,350,00 for the Plaintiff and 6% per annum from November 18, 2016 to August 8, 2017.

Reasons

1. Determination on the cause of the claim

A. (1) On April 27, 2016, D, which operated C, was awarded a contract for the construction of the E-ground factory (hereinafter “instant new construction”) with the Defendant for KRW 60 million for the construction cost of KRW 116,60 million (the 116,600,000 for the remaining construction cost was agreed to be paid within 10 days after completion) and the Plaintiff was awarded a subcontract for the steel frame construction work from D on June 20, 2016 for KRW 229,350,00 for the said new construction work.

(2) On October 10, 2016, D issued a notice of assignment of claims (hereinafter “instant notice of assignment of claims”) to the effect that “D’s transfer of construction cost to the Plaintiff was KRW 7835,00,000 to the Plaintiff for repayment of the said unpaid subcontract payment amount” to the Plaintiff and affixed a seal thereto to the Plaintiff.

(3) Around September 2016, D completed the instant new construction, and the Defendant, around that time, as a director of the instant new factory, registered the change of the location of the head office in the Defendant’s corporate register.

(4) On October 13, 2016, the Plaintiff sent the instant notice of assignment of claims to the Defendant, but did not serve the notice due to the unknown director.

Accordingly, on November 16, 2016, the Plaintiff re-issued the instant notice of assignment of claims to the Defendant, and the said notice of assignment of claims to the Defendant on November 17, 2016.

(5) On December 9, 2016, the Defendant paid 19 billion won for the remainder of the construction work of the instant new construction project to D.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 3 and 6, the purport of the whole pleadings

B. (1) According to the above facts, D’s oral agreement was reached between the Plaintiff and the Defendant to transfer and take over the claim for construction price of KRW 78350,000 to the Defendant. It is reasonable to view that D delegated the Plaintiff’s authority to deliver the instant assignment notice to the Plaintiff by attaching a seal on the instant assignment notice.

(2) Therefore, the defendant is liable to pay the above amount to the plaintiff 7.

arrow