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(영문) 인천지방법원 부천지원 2018.09.20 2018가단102715
양수금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

. C. The letter of undertaking to pay the construction price of KRW 137,353,00 (hereinafter “instant letter of undertaking to pay”) was drawn up, which states that the said letter of undertaking to pay KRW 137,353,00 shall be paid as follows (hereinafter “instant letter of undertaking to pay”).

The On-site name of the construction site: The name of the construction department E in Seoul Special Metropolitan City E: Changho and the name of the sub-subcontract company for miscellaneous construction: C amount: 137,353,00 won (including value added tax) shall be re-subcontracted by the G company which has been subcontracted by the F of the Dispute Settlement Bank, and the construction cost shall be confirmed as the construction cost which has not been paid by the G company and the F of the Dispute Settlement Bank, and shall be paid in full by the owner of the D Hospital B, the owner, who is the owner of the D Hospital, by April 30, 2017, which shall be signed and sealed by the G company which has been subcontracted by the F of the Dispute Settlement Bank and submitted at the time of the contract, and shall be signed and sealed.

* On October 15, 2016, based on the payment undertaking, to receive the cost of the construction of the D Hospital from the owner on October 15, 2016, as set out above, to the D Hospital Director B of the D Hospital for the creative construction cost of N. H. H. H. H., on October 15, 2016, and to receive the cost of the construction of the D Hospital from the owner on October 15, 2016, and upon receipt of the unpaid cost of the construction, I shall accept and transfer all the rights to this to the D Hospital Director B.

on March 3, 2017, return to the president B C (I) of the D Hospital on March 3, 2017 (based on recognition) No. 2, and the purport of the whole pleadings.

2. The parties' assertion

A. On the contrary of the Plaintiff’s assertion, on October 20, 2018, the Plaintiff acquired the instant claim from C (the Plaintiff, before the preparatory documents submitted on August 14, 2018, claimed as I) and notified the Defendant, a debtor, of the assignment of the claim, and the Defendant agreed to pay I and the Plaintiff the construction cost. Accordingly, the Defendant agreed to pay the Plaintiff the amount of the instant claim or the construction cost of KRW 137,353,00.

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