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(영문) 의정부지방법원고양지원 2017.10.12 2017가단6811

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the respective descriptions of evidence Nos. 3 through 6 and the overall purport of the pleadings, the Plaintiff entered into an agreement on November 4, 2016 with respect to the new construction of a multi-household complex between the non-party company (hereinafter referred to as “non-party company”) and the Defendant on which “the non-party company was requested by the Defendant, the owner of the building, for the construction of a new multi-household complex on the land B and three lots, to take over the service cost claim amounting to KRW 157,00,000, which should be paid by the Defendant,” and the Plaintiff notified the Defendant of the transfer on November 8, 2016 upon delegation of the notification authority from C, and the above notification reached the Defendant on November 14, 2016.

2. The plaintiff's assertion and judgment sought payment of KRW 157,00,000 against the defendant, so the existence of the transferred claim in the case of the claim for acquisition money is the requisite fact and the burden of proof is the plaintiff as the transferee of the claim. In light of the evidence Nos. 7 and 9 (written confirmation of each non-party company), the evidence submitted by the plaintiff alone is insufficient to recognize that the non-party company has the right to design service cost claim of KRW 157,00,000 in relation to the new construction of a new ground multi-household complex, such as B, etc., at the time of strike against the defendant, and there is no other evidence to prove otherwise.

3. The plaintiff's claim is dismissed as it is without merit.