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(영문) 서울동부지방법원 2012.10.30 2012가합8572
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 3, 2006, the Plaintiff and the On-site Co., Ltd. (hereinafter “On-the-spot”) comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation (the Defendant did not distinguish between the Korea National Housing Corporation and the Defendant; hereinafter “the Defendant”) and the Defendant, respectively, supplied three sections for the construction of the first stage housing site development project for the construction period from February 10, 2006 to March 25, 2009, jointly with the construction period of the three sections for the construction of the housing site development project for the first stage from February 10, 2006 to March 25, 2009. The construction period of the said contract was changed to March 16, 2010; the construction period was changed to KRW 103,584,000,000.

B. On September 1, 2009, Jin-jin was disposed of in default, and at the time, Jin-jin had a claim against the Defendant for the construction cost of KRW 888,296,000 for the payment of the construction cost on the basis of the Jin-jin (hereinafter “instant claim for construction cost”).

C. On September 16, 2009, Jinjin filed an application for commencement of rehabilitation proceedings with Seoul Central District Court 2009hap151, and on October 15, 2009, the above court decided to commence rehabilitation proceedings with respect to the debtor company on October 15, 2009, and the reporting period of rehabilitation claims from November 13, 2009 to December 1, 2009, and from December 22, 2009 to December 22, 2009, appointed A and B as joint managers of the debtor company.

On October 8, 2010, and October 7, 2011, the above court decided to terminate rehabilitation procedures for the debtor company on November 30, 201. D.

On the other hand, on September 2, 2009, the Plaintiff entered into a contract on the assignment of claims for the construction price of this case (hereinafter “instant assignment of claims”) with the purport of acquiring the claim for the construction price of this case from the Jinjin, and on September 3, 2009, the notice of assignment of claims, which the notify person stated as the present address, reaches

E. The provisions of Article 3(1) of the Special Conditions for the Construction Contract among the terms of the said contract [1] are as follows:

Article 3 (Assignment of Claim) (1) A contractor shall become entitled to any claim arising under this Agreement.

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