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(영문) 전주지방법원 2017.08.22 2016가단15992
구상금
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 male electricity Co., Ltd. (hereinafter “Co., Ltd.”) filed a lawsuit (201Gahap3130) against a Gunsan Branch of the Jeonju District Court (the trade name before the change of the Plaintiff) to claim the price of goods. The appellate court (201Na2809) rendered a judgment (hereinafter “related judgment”) as follows on December 19, 2013 (hereinafter “related judgment”).

The "Limited Liability Company B" is also stated as "Plaintiff", and the status of the parties shall be indicated as the basis of this case.

The defendant is obligated to pay the price for materials supplied to the field of electricity, telecommunications and fire fighting (hereinafter referred to as “instant construction”) among new construction works of apartment complexes after May 2, 201 by male electricity to male electricity.

It is reasonable to view that the Plaintiff agreed with the Defendant to concurrently take over the Defendant’s above payment obligation against male electricity.

In addition, the above agreement on the assumption of the obligation of the soldier constitutes a contract for a third party, which includes an intention to directly acquire a claim against male electricity, and it can be deemed that male electricity had expressed its intent to make a profit by claiming the payment of the price of the goods to the Plaintiff through the lawsuit of this case.

Therefore, the plaintiff is obligated to pay 113,254,714 won and damages for delay to male electricity.

B. The Plaintiff appealed against the relevant judgment, but the Supreme Court (2014Da201209) dismissed the appeal on May 16, 2014, and the relevant judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4 (including paper numbers), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The gist of the Plaintiff’s assertion 1 is the Plaintiff’s repayment of the debt jointly assumed with the Defendant in accordance with the relevant judgment, which is a total of 130 from January 29, 2013 to October 29, 2014.

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