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(영문) 인천지방법원 2017.12.20 2016가단248553
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On August 14, 2014, the non-party company (hereinafter “non-party company”) had a claim for construction price of KRW 35,00,00,00 for the remainder after completion of the construction of the Home Intept Subdivision 513 located in Bupyeong-gu, Incheon, Bupyeong-gu. However, on February 10, 2015, the Seoul Central District Court was declared bankrupt and appointed by the bankruptcy trustee. On November 24, 2015, the bankruptcy trustee transferred the above claim for construction price to the Plaintiff on November 24, 2015. The non-party company notified the Defendant of the assignment of the assignment of claims on June 27, 2016. Since the Defendant repaired the defects arising from the said construction and paid construction price of KRW 8,783,00,00, the Defendant is obligated to pay the said claim for construction price to the Plaintiff, the assignee and the delay damages.

2. The fact that the Defendant did not pay the construction cost of KRW 35,00,00 to the non-party company after the construction of the new construction and the fact that the non-party company did not repair the defect of KRW 26,217,00 after the bankruptcy of the non-party company after the construction of the new construction, etc., and that the Defendant paid KRW 26,217,00 as the repair cost of the defect was not disputed between the parties. In full view of the appraiser A's appraisal of the defect and the purport of the whole arguments after the fact inquiry, in full view of the appraiser A's appraisal of the defect and the result of inquiry inquiry, there is still a defect in the floorl and landscape on the part of the non-party company, and the repair cost is KRW 16,864,00 (one day to one thousand,693,171,000). The ground for the defect of the floorl is the second string and the second string of the string, which is suitable for the construction site.

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