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(영문) 서울남부지방법원 2019.12.03 2019가단10822
양수금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserted that the Defendant acquired the claim for construction price against the Defendant by transfer from C Co., Ltd., and that the Defendant did not pay it, and sought payment against the Defendant as stated in the claim.

However, according to the contents of evidence Nos. 1 and 2 and the purport of the entire pleadings, the Plaintiff entered into a contract with C on January 28, 2008 with C on the transfer and takeover of bonds, but can be recognized as the fact that the Plaintiff rescinded the agreement on October 2014. Thus, the Plaintiff’s assertion cannot be accepted.

(A) The Plaintiff submitted a written withdrawal on October 13, 2019, when the Defendant submitted a preparatory document containing an assertion to that purport, and the Plaintiff submitted the written withdrawal on October 18, 2019. The Defendant consented to the withdrawal of the Plaintiff’s lawsuit on October 28, 2019. The instant claim is dismissed for lack of good cause. It is so decided as per Disposition.

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