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(영문) 수원지방법원 2017.08.07 2016가합2638
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. On April 25, 2016, the Plaintiff’s assertion that the construction industry of the Han River Construction Co., Ltd. (hereinafter “Y River Construction”) transferred the Plaintiff’s claim for the construction cost of KRW 214,138,000 regarding the construction of a new household unit B on the ground B in Gwangju-si, Gwangju-si (hereinafter “instant claim for transfer”). On the same day, the Plaintiff notified the Defendant of the assignment of the assignment and the notification reached the Defendant on May 9, 2016.

Therefore, the defendant is obligated to pay to the plaintiff 214,138,000 won with the acquisition money and damages for delay.

B. Determination on October 8, 2013: (a) the construction contract was entered into between the Defendant and the Defendant with the content that the construction cost for the new construction of the B-based multi-household on the ground of Gwangju-si was KRW 700,000,000 and that the Defendant paid the said construction cost to the Han River Construction by transferring the ownership of six households among multi-household buildings; and (b) the fact that the monthly construction transferred the instant claim to the Plaintiff on April 25, 2016 and the notification thereof was given to the Defendant on May 9, 2016 is no dispute between the parties.

However, the above facts alone are insufficient to recognize the fact that the construction works carried out the above new construction works and the balance of the construction works reaches the amount of transferred bonds of this case. The plaintiff's assertion is without merit, since there is no other evidence to acknowledge it.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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