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(영문) 광주지방법원순천지원 2015.10.08 2014가합1394
양수금
Text

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

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

Reasons

1. Basic facts

A. On May 24, 2010, Jungwon Electric Co., Ltd. (hereinafter “Jwon Electric Co., Ltd.”) transferred “the right to collect electric wires at the construction site where Jungwon Electric Electric Co., Ltd. installed electric wires” to the Defendant (Seoul Co., Ltd.) as follows (hereinafter “instant agreement”). The instant agreement states that the transferee of the right to remove electric wires is “G” but the fact that the transferee of the right to remove electric wires does not dispute between the parties.

(hereinafter the same shall apply)

around that time, the Defendant paid the deposit amount of KRW 90 million (hereinafter “instant deposit”).

Paragraph 2. The intermediate power shall pay the deposit of this case in lieu of substitute by applying the trading unit price (market price) to the quantity of electric wires collected by the defendant.

Paragraph 3. 2. The Defendant shall bear all the management and costs by the time the electric wires are collected at the contracted site and shall also bear all the costs at the time of removal.

The Jungwon Electric Power shall not be responsible for the damage and loss of electric wires in the site of the temporary site that is transferred to the defendant.

The method of collecting the deposit of this case by the defendant shall be calculated by applying the scrap metal unit price to the quantity of electric wires collected at the collection site after the installation of the main electric source, and the amount thereof shall be deducted from the security deposit of this case.

B. On May 24, 2010 and June 26, 2010, Jungwon Electric transferred the right to remove electric wires to the Defendant at the next construction site (hereinafter “instant construction site”).

On May 24, 2010, 2010, - Daejeon E-Temporary Construction Works - Part of the first minute provisional installation work for HH Logistics Center, the second minute installation work for I Hospital site work, the first minute temporary installation work for the J Hospital Extension work - the second provisional installation work for Ktel - the second provisional installation work for the second minute installation work for the J Hospital Extension Work for Ktel - the second provisional installation work for the second unit installation of Ktel

C. On September 24, 2013, the Plaintiff acquired the claim of KRW 177,461,633 against the Defendant from Jungwon Electricity, and the said KRW 177,461,633.

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