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(영문) 울산지방법원 2018.07.06 2018가단54318
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to the evidence evidence Nos. 1 through 3, the plaintiff filed an order for payment with the Busan District Court's branch court's 2017Hu31560 against the two different industries development corporation (hereinafter "dub industry development"). The above court's order for payment that "the two different industries development shall pay to the plaintiff the amount of KRW 75,627,845 and its delay damages and its demand procedure expenses" was issued. After the two different industries development shall pay part of the amount, and the price of the goods based on the above payment order shall be returned and disposed of, and the goods shall remain remaining only with 67,928,430 won and its delay damages. Based on the above payment order, the plaintiff filed an order for payment with the defendant for the construction of machinery and equipment related to the Busan District Court's 19,795,720 won among the construction of new machinery and equipment related to the construction of the two different industries and filed an order for the attachment and assignment order to the defendant (hereinafter "201.218").

However, according to the statements in Eul evidence Nos. 1 through 4, the development of two different industries as of December 31, 2017, prior to the delivery of the assignment order to the defendant, and the defendant, "the defendant paid to two different industries development at KRW 3,367,752,781, which was paid by the defendant to the two different industries development", and thereby, the defendant did not have any obligation to pay the construction cost for the development of two different industries.

If so, the assignment order of this case is null and void because the non-existent claim is limited to the entire claim.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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