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(영문) 인천지방법원 2014.02.20 2012가합11415
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in accordance with Gap evidence of 1 to 3 (including each number, if any, hereinafter the same shall apply), Eul evidence of 1, 2, 7 through 9, and in the testimony of the witness A, taking into account the whole purport of the pleadings:

On January 7, 2010, Kanwon Construction Industry Co., Ltd. (hereinafter “Nonindicted Company”) entered into a contract with the Defendant for the large-scale repair works in the Eastcheon Station (hereinafter “instant construction works”) with a cost of KRW 7.7 billion. On March 10, 2010, the Plaintiff entered into a contract with the Nonparty Company to accept a subcontract for electrical construction works among the instant construction works with a cost of KRW 2.2 billion (including value-added tax).

B. Since then, the Plaintiff continued the said electrical construction, but failed to receive the construction cost due to the non-party company’s failure to pay the said construction cost, and the instant construction was also suspended.

C. On July 2, 2010, the Defendant terminated the contract for the non-party company with the non-party company, and around July 2010, the Defendant settled the unpaid construction cost as KRW 960 million between B and the non-party company (hereinafter “the construction cost of this case”).

around August 2010, the Defendant awarded a contract for the instant construction to Hanin Construction Co., Ltd. (hereinafter “ Hanin Construction”) with the price of KRW 9.5 billion, and Hanin Construction Co., Ltd. (hereinafter “ Hanin Construction”) under the same year.

9. On 17. 17. The Plaintiff was responsible for the portion for which the construction price was not paid by the non-party company, and the Plaintiff was awarded a subcontract for the electrical construction of this case as KRW 2.42 billion (including value-added tax) among the instant construction, but the instant construction was subsequently suspended thereafter.

E. B: (a) on March 23, 2012, transferred the instant claim for construction cost against the Defendant to the Plaintiff; and (b) on the same year.

4. 18. The mail sent to the Defendant content-certified mail to the effect that the above claim was transferred to the Plaintiff, and the above mail was as follows.

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