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(영문) 서울북부지방법원 2018.10.11 2017가단141275
약정금
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 December 13, 2013, the member construction industry corporation (hereinafter “alternative Construction”) and dopco Co., Ltd. contracted a “C construction work” from the Korea Gas Corporation. On August 20, 2014, they subcontracted the main pipeline construction during the construction work to D Co., Ltd. (hereinafter “D”) (hereinafter “instant construction”), and the Defendant was serving as the Vice Minister of Accounting and Accounting at the time.

B. On December 31, 2014 and January 31, 2015, the Plaintiff concluded a credit transfer agreement with each equipment operator, gas station operator, restaurant operator, etc. with the effect that the Plaintiff would acquire each of his/her claims by transfer of equipment expenses, food expenses, and gas supply expenses related to the instant construction from D, respectively.

C. D received each of the electronic bills issued on February 13, 2015, the face value of which is KRW 100 million, and on June 30, 2015 due date, KRW 89,39,396,184, KRW 30, June 30, 2015, KRW 1 copy of the electronic bill (F) which is June 30, 2015 due date, KRW 100,000, KRW 100,000, KRW 100,000, and KRW 30,000, June 30, 2015, and signed and transferred each of the said electronic bills to the Plaintiff in installments.

On February 13, 2015, the Plaintiff endorsed and transferred to H two copies of electronic bills (e.g., face value 25 million won and issue date, February 13, 2015) among the electronic bills acquired from D, and H endorsed and transferred the said electronic bills to I on the same day.

E. Meanwhile, on December 16, 2014, the Plaintiff issued one electronic bill (in combination with two electronic bills stated in paragraph (d) (hereinafter “each electronic bill of this case”) at the face value of 38,656,200, and on April 30, 2015, and one electronic bill (hereinafter “each electronic bill of this case”). On December 17, 2014, the Plaintiff endorsed and transferred the electronic bill to K on December 17, 201, and thereafter, the said electronic bill was transferred in sequence to M on December 18, 2014; H; December 22, 2014; L; and April 8, 2015.

F. Since then, the final holders of each of the instant electronic bills have presented the payment of each of the said electronic bills at the place of payment.

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