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(영문) 광주지방법원 해남지원 2017.02.14 2016가단20029
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Circumstances leading to the dispute of this case;

A. The Defendants, around October 2013, contracted the instant construction project to E for the construction of hanok on the same site as indicated in the following table column (hereinafter referred to as “instant construction”).

B. Around that time, E entered into a contract for the supply of timber necessary for the instant construction in the name of F Co., Ltd. with the Plaintiff, and the Plaintiff requested H who uses the trade name G to supply timber to the instant construction site via his employee M.

On October 30, 2013, the Defendants drafted a certificate of direct non-payment (No. 1, 2, and 3 of the evidence No. 1) to the effect that he/she would directly pay the wood price, such as the statement in the table of direct non-verification, necessary for the above construction, and E affixed a seal to the certificate of direct non-payment.

C. He thereafter supplied timber to the Plaintiff for use in the instant construction, and the Plaintiff was punished and supplied to E.

E around May 2014, around the construction site of this case, the Plaintiff prepared a certificate of confirmation of direct non-payment (Evidence 2) in the Defendant’s land J 25,00,000,000 20,760,7660,502 CJ 25,000,000,000, 333,193,425,425, 739, 8053D 25, Jindo-gun, Jindo-gun, Jindo-gun, J 25, 205 3D 25,00,000,003,4253,425,10,000, 193, 42510,974,205 (Evidence 2) in the following table to the effect that the amount of money not received is as stated in the column for confirmation of settlement:

The transferor of a letter of assignment: G representative H credit assignment amount: 42,480,560 won in the Plaintiff’s representative’s transfer list - Defendant B (20,766,550 won): Defendant B (20,739,80 won) - Third debtor 2: Defendant C (10,739,805 won) - Third debtor 3: Defendant D (10,974,205 won) (10,974,205 won) against the third debtor, the transferor shall transfer the above timber payment claim to the Plaintiff who is the transferee of the claim, and delegate administrative authority to the Plaintiff.

H around September 2014, around 2014, drafted a letter of assignment of claims to E with the following contents:

(e).

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