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Reasons
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(영문) 대전지방법원천안지원 2016.09.30 2016가합342
전부금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Trob Co., Ltd. (hereinafter “Trob”) was subcontracted by the Defendant on June 30, 2015 the general household construction work at the site of the Chungcheong Jinjin-Icheon District Housing Association.

After that, the Defendant agreed to terminate the said subcontract with Trine, who did not smoothly proceed with the construction of Trine, and the Defendant agreed to terminate the said subcontract. At the time of the termination of the said agreement, Trine’s claim for the construction cost (hereinafter “instant claim for the construction cost,” and the corresponding obligation was KRW 220,2200 million.

B. On March 22, 2016, the Plaintiff: (a) based on the authentic copy of the No. 62 of the Monetary Loan Agreement No. 2016, No. 62, 2016, the Plaintiff was issued a bond attachment and assignment order (hereinafter “instant assignment order”); (b) the instant assignment order was served on the Defendant, the debtor, the debtor of which on March 24, 2016, and on March 30, 2016, on the basis of the authentic copy of the No. 214,091,933 of the instant construction payment claim, with the Suwon District Court 2011, the Plaintiff was issued a bond attachment and assignment order (hereinafter “instant assignment order”); and (c) the instant assignment order was finalized on April 7, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap No. 3 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleading

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant, the third obligor, is obligated to pay to the Plaintiff, the entire obligee, the total obligee, KRW 214,091,93, and delay damages therefrom, which are all part of the instant assignment order, to the Plaintiff.

B. The Defendant’s assertion 1) The Defendant deposited KRW 222,220,00,000, which is the full amount of the construction price claim of this case, and thereby, the Defendant’s entire payment obligation of this case extinguished. 2)

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