TITLE	Supreme Court en banc Decision 2016Da24284 Decided December 19, 2019¡¼Payment for Construction¡½ [full Text]
Summary
[1] Relationship of rights and duties following the termination of a contract for construction work in a case where there has been considerable progress in the construction work at the time of the cancellation of the contract for construction work, and thus its restoration may incur serious social and economic loss and the work completed may be of interest to the owner In the instant case, whether the remuneration for unfinished construction which ought to be paid by the owner is calculated by applying the ratio of the amount of work completed to the agreed total construction cost (affirmative in principle) and, on this occasion, the method of estimating the amount of work completed [2] The validity of the assignment of claims made in violation of a non-assignment agreement (invalid in principle), and where the burden of argument and proof of the assignee¡¯s bad faith or gross negligence lies (held: a person intending to set up against the assignee on the basis of the non-assignment agreement)

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