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(영문) 대전지방법원서산지원 2014.03.20 2013가합5939

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around January 2012, the Future Energy Technology Co., Ltd. (hereinafter “Smi Energy Technology”) was awarded a contract with the Defendant for the installation of solar power plants at KRW 1.65 billion for the income from stabilizing the livelihood of the residents in the red general industrial complex.

B. On September 13, 2012, Kitwon Co., Ltd. (hereinafter “Titwon”) received a provisional attachment order (hereinafter “instant provisional attachment order”) from the Daejeon District Court Branch Decision 2012Kadan3429, as to the claim for construction price against the Defendant of future energy technology as the claim amounting to KRW 666,284,00,000, and the said decision reached the Defendant on September 17, 2012.

C. The Plaintiff is the Plaintiff’s future energy technology.

was subcontracted in part of the construction works described in the subsection.

With respect to the payment of the subcontract price, future energy technology transferred 1.32 billion won (the sum of 1.2 billion won and 10% value added tax) to the Plaintiff out of the claim for the construction cost against the Defendant. On October 9, 2012, the Defendant notified the transfer to the Defendant and received the notification at that time.

On August 26, 2013, the Defendant paid 230 million won out of the claimed amount of the decision of provisional seizure of this case to Twitwon, and on August 27, 2013, Twitwon applied for the rescission of the execution of provisional seizure.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, Eul evidence 1-1, 2, Eul evidence 2, witness Gap's testimony and the purport of whole pleadings]

2. The parties' assertion

A. The Defendant, the assignee of the claim, must pay to the Plaintiff the remainder of KRW 217,936,890, which deducts the Plaintiff’s total sum of KRW 1,102,063,110 from the Plaintiff’s total sum of KRW 1,32,00,000,000,000,000,000,

B. The Defendant, prior to the notification that future energy technology transferred its claim to the Plaintiff, was served with the Twitwon’s instant provisional attachment order. In this regard, around July 2013, the Defendant collected the future energy technology, Twitwon, and Won and the Defendant, and then the Defendant collected KRW 230 million from Twitwon.