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(영문) 청주지방법원 2015.11.05 2015나374
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) A.D. integrated construction company (hereinafter “A.S. company”)

(A) On May 23, 2011, the Defendant entered “the indication of the real estate” attached from the Defendant as “the instant building” (hereinafter “instant building”).

(2) On March 8, 2012, the Defendant, Nonparty Company, and Nonparty Company C agreed to the following effect with respect to the new construction of the instant building (hereinafter “instant agreement”).

1. The non-party company confirmed that the construction price of the building of this case was 647,00,000 won in full paid from the defendant.

2. The defendant does not raise any objection or lawsuit against the delay in the completion of construction of the building of this case.

3. The defendant shall transfer the instant building Nos. 202 and 502 to C with the payment of the construction price payable.

4. The defendant shall pay 64,00,000 won as proceeds from the sale or lease of the building of this case other than those of 202 and 502.

(F) A written agreement signed on February 8, 2012 on May 30, 2012 shall be reversed as of March 8, 2012 by agreement between the defendant, the non-party company, and C.

6.This Agreement has been drawn up by each Party’s intention and does not raise any objection to this Agreement.

3) On March 14, 2013, C, as seen in paragraph (4) of the instant agreement, part of KRW 49,570,00 among the loan claims held against the Defendant (hereinafter “instant claim”).

(4) On July 28, 2014, the non-party company concluded a contract for the assignment of claims of this case transferred by C to the Plaintiff on the same day, and then sent the notice to the Defendant by content-certified mail. The above notice was sent to the Defendant on the same day.

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