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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. D’s conclusion of the instant service contract between D and E stipulated each of the instant service contract between D and E as “the service price of KRW 51,00,000,000, and the service period of July 3, 2009 from July 4, 2009 to July 18, 2009; ② on September 16, 2009, each of the instant service contracts entered into a written consent agreement with each of the aforementioned service contracts with each of the following terms as “the service price of KRW 91,80,000,000, and September 21, 2009” as “the service period of KRW 91,80,000,000,” and each of the above service contracts with each of the aforementioned terms as “the price of each of the above service contracts” (hereinafter referred to as “each of the above service contracts”).
Article 3 (Service Amount and Method of Payment) (2) When a maintenance business entity is selected after the establishment of the promotion committee, the service price shall be paid in cash after receiving consultation expenses from the maintenance business entity.
§ 8 (Prohibition of Assignment of Contracts) Any right and any agenda arising under this Agreement shall not be transferred to a third party without the approval of A (D).
B. According to the assignment of claims to E and the creation of the instant right to collateral security to H on December 8, 201, according to the statement in the evidence No. 2 of the instant service payment claim to H on December 8, 201, there are parts indicated in the “statement of claims to be transferred” as “compensation claim for subrogation payment,” or “wages claim,” but at the same time, there are items indicated as “service cost,” and the amount of claims is the same as the service payment claim of this case. In light of the above, it is reasonable to deem that the transferred claim is the service payment claim of this case.
Section B. On January 10, 2012, D transferred, and D as of January 10, 2012, upon agreement with H as follows: