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(영문) 울산지방법원 2016.08.23 2015가단30458
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person engaged in the business of leasing equipment during construction, and the defendant is a company engaged in the business of manufacturing and repairing industrial machinery.

B. 1) In around 2012, four companies, including the Defendant and the start-up industry company, were delegated to C with the civil engineering works on the said land in order to develop the entire land B as the factory site. 2) On behalf of the Defendant and four companies, C entered into a contract for the civil engineering works on September 19, 2012 on behalf of the Defendant and four companies, including the Defendant, etc. for the construction work.

(hereinafter referred to as the “instant construction”) C.

On November 4, 2015, future C&C transferred its assignment to the Plaintiff of the future C&C to the Plaintiff, and notified the Defendant of the fact of transferring its assignment on December 9, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, 7, 8, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion that C had future C had had CC carry out the instant construction work. Around August 2013, the future C had C and the total construction cost of KRW 215,220,00 (value-added tax separate) issued a tax invoice on the said amount (Evidence A 2). The Defendant paid KRW 1,00,000 on September 26, 2012 as construction cost to future C and KRW 95,050,000 on December 4, 2012; KRW 131,692,000 [the construction cost of KRW 215,220,000 x 1,000 x 1,000 x 1,0000 x 201, 201, 201, 301, 201, 201, 301, 201, 201, 305,000.

Therefore, it is true.

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