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(영문) 서울동부지방법원 2016.06.10 2015가단32593

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. On May 28, 2015, Daesung Co., Ltd. entered into a bonds transfer and takeover contract with the Plaintiff (hereinafter “instant contract”) with the following terms and conditions.

1) On June 1, 2015, the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport, and the Minister of Land, Infrastructure and Transport, the Minister of Land, Infrastructure and Transport (hereinafter “the Minister of Land, Infrastructure and Transport”) shall notify the Plaintiff of the amount acquired as material prices (including rent) that the Plaintiff was not supplied with the temporary materials (other than the system operation) at the site of Daesung Co., Ltd. (3). (1) The Minister of Land, Infrastructure and Transport shall obtain the consent of the Defendant at the same time as the conclusion of this contract, and (2) the notification of the transfer of claims shall be notified to the Defendant. (3) The notification or consent of the transfer of claims shall be made through wired, wireless or mail, and shall mutually agree with the Plaintiff. (2) On June 1, 2015, the Minister of Land, Infrastructure and Transport and the Defendant mutually agree to pay the transfer price to the Plaintiff by June 30, 2015 when notifying the Defendant of the transfer of claims by content-certified.

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion that the Plaintiff’s assertion was concluded with the Plaintiff, and on June 1, 2015, the Defendant, a debtor, notified the Defendant of the assignment of nominative claim with a fixed date, and following that, the Defendant sent a notice of assignment of claim to the Defendant. Therefore, the claim against the Defendant of Daesung Co., Ltd. was finally transferred to the Plaintiff, and the Defendant’s consent is not a circumstance that can not be asserted against the Plaintiff, and the Defendant is obliged to pay the claim acquisition amount to the Plaintiff. 2) According to the instant contract asserted by the Defendant, Daesung Co., Ltd., Ltd