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(영문) 전주지방법원 2016.04.29 2014가합6472

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a regional housing association established for the purpose of constructing a main apartment (hereinafter “instant apartment”) on the ground of Ysan-gu Seoul Special Metropolitan City (hereinafter “instant apartment”) (hereinafter “instant project”).

B. On July 7, 2011, the Defendant entered into a management consignment agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”), and with the Korea Land Trust (hereinafter “Korea Land Trust”) on November 2, 2014, to conduct business management, construction management, and fund management related to the instant business, and the Defendant entered into a land trust agreement with the Korea Land Trust (hereinafter “instant management consignment agreement”).

C. According to the agreement that the Defendant and the Korea Land Trust agree to delegate the business management of each of the above management affairs to D Co., Ltd. (hereinafter “D”), the Korea Land Trust entered into a business management service agreement with D, July 7, 201, with D, and D, November 2, 2014, with a view to performing the business management affairs until November 2, 2014, and the Korea Land Trust shall pay D a fee of KRW 1.54 billion (including value-added tax) as remuneration (hereinafter “instant service agreement”).

On the other hand, D deposited KRW 450 million in total, including KRW 10 million on March 26, 2012, KRW 140 million on March 27, 2012, KRW 30 million on March 30, 2012, and KRW 450 million on March 30, 2012.

E. On August 20, 2014, D transferred “the instant claim claim” (hereinafter “the instant claim assignment”) to the Plaintiff on March 26, 2012, KRW 10 million against D, KRW 140 million on March 27, 2012, KRW 450 million on March 30, 2012, and KRW 450 million on March 30, 2012. On August 22, 2014, D notified the Defendant of the said assignment of claim and issued the said notification on August 25, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 3, 4 (including paper numbers), Eul Nos. 1 through 3, and 8, the purport of the whole pleadings and arguments

2. Judgment on the main defense of this case

A. The defendant's main defense to the safety.