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(영문) 광주지방법원 2017.11.22 2017가단14098
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On February 11, 1998, the Defendant Mutual Aid Association established for the purpose of the project to create a housing site of KRW 400,00,00,00,000, and the project related to a land substitution plan, the project to manage and dispose of development recompense land, etc., and Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a project execution agency contract with the Defendant Mutual Aid Association (hereinafter “instant project”), and paid KRW 123,372,40,00 as the operating and management expenses necessary for the instant project (hereinafter “instant project”). The Defendant Mutual Aid Association held the bonds to be returned from the Defendant Mutual Aid Association (hereinafter “instant bonds”).

B. On April 30, 2017, the non-party company transferred the instant claim to A, and on May 25, 2017, A re-transfered the instant claim to the Plaintiff.

C. Therefore, the Defendant Union is obligated to pay the instant claim to the Plaintiff, which is the transferee of the instant claim.

2. Determination

A. First, it is insufficient to recognize the Plaintiff’s assertion on whether the non-party company had the instant claim against the Defendant Union only by the health team and the evidence presented by the Plaintiff.

B. Therefore, without any need to examine further the Plaintiff’s claim on the premise that the non-party company had the instant claim against the Defendant Union.

C. The plaintiff's claim is dismissed.

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