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Reasons
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(영문) 대전지방법원 2019.10.23 2018가합1043
양수금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was awarded a contract from C to “D New Construction Project” (hereinafter “D New Construction Project”).

B. The Defendant subcontracted the instant construction of reinforced concrete to E Co., Ltd. (hereinafter “E”) on two occasions as indicated below.

(2) On July 25, 2016, July 28, 2016, the first month following the date of completion of the construction contract (including KRW 1,000,000,000) on the separate contract date (including KRW 1,073,270,000). The second month following February 28, 2017, September 28, 2016.

E and the Plaintiff concluded a contract to transfer the construction cost of KRW 489,902,00 for the first and second subcontracting contract of this case, which was not paid by the Defendant on January 16, 2018, to the Plaintiff (hereinafter “instant transfer contract”), and notified the Defendant of the fact of transfer by the certificate with a fixed date on January 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The defendant asserts that the assignment of claims of this case was null and void because the contract of this case was concluded mainly with the purpose of enabling the plaintiff to conduct procedural acts.

However, the evidence presented by the Defendant alone is insufficient to recognize that E has entered into the instant assignment contract with the primary purpose of having the Plaintiff conduct litigation, and there is no other evidence to acknowledge it.

This safety defense is not accepted.

3. Judgment on the merits

A. The summary of the party's assertion 1) [Plaintiff's assertion] The plaintiff received a claim for construction cost of KRW 489,902,00 from E against the defendant, and F, the defendant's executive director, recognized that the amount of KRW 233,98,784, out of the above construction cost claim, is unpaid, the defendant is obligated to pay the above KRW 233,98,784 to the plaintiff and delay damages. 2)

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