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(영문) 수원지방법원 2019.10.23 2018나78985
약정금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is that the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of “judgment on claims selected in the trial of first instance” as “ August 16, 2017,” respectively, in the third and sixth first deeds of the court of first instance, and as “Article 420 of the Civil Procedure Act.” As such, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to a claim that is selectively added in the trial

A. The Plaintiff asserted that he/she acquired the claim for construction price equivalent to KRW 260,00,000 from C Co., Ltd. (hereinafter “C”) on March 7, 2017 for the Defendant (hereinafter “transfer of claim”). The Defendant, the assignee of the above claim for construction price, as seen earlier, paid KRW 50,000,000, out of KRW 260,000,000 to the Plaintiff, the assignee of the above claim for construction price, as the Plaintiff, the Defendant, and C agreed in the instant case on August 7, 2017, reduced the above claim for construction price to KRW 210,00,000,000, out of the above amount, and the Defendant paid KRW 160,000,000 to the Plaintiff. It is deemed that the Plaintiff seeks payment of KRW 50,000,000 remaining after the aforementioned settlement of claim under this part.

and damages for delay shall be paid.

B. On April 30, 2015, the fact that C was awarded a contract with the Defendant for the instant construction work by determining the cause of the claim is as seen earlier.

According to the purport of Gap evidence Nos. 3 (including provisional number) and Eul evidence Nos. 13 and the whole purport of the arguments and arguments, Eul performed construction works equivalent to KRW 260,00,000 among the instant construction works around March 7, 2017, and the plaintiff notified the defendant on March 7, 2017, by taking over the construction cost claim, etc. equivalent to KRW 260,000,000 against the defendant from C, and on June 23, 2017, it can be recognized that the instant construction works were completed on June 23, 2017.

According to the above facts, unless there are special circumstances, the defendant shall pay the above construction cost claim.

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