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(영문) 전주지방법원 2015.09.18 2014가단36179
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 4, 2009, a limited liability company, the Saemangeum Leisure Development (hereinafter “Saeman Leisure Development”) acquired ownership of Band 1319.3 square meters and Cand 2101 square meters. On May 22, 2009, a company obtained a building permit for one-story and five-story neighborhood living facilities to be newly constructed on each of the above lands from the Gunsan Market, and around that time, contracted the construction of the above neighborhood living facilities (hereinafter “instant construction”).

B. On August 3, 2011, the Defendant purchased each of the above land and succeeded to the status of the owner of the above neighborhood living facilities from the Saemangeum Leisure Development and the status of the owner of the instant construction contract.

C. On October 14, 2014, the Plaintiff received KRW 70,000,000 from the K General Construction’s transfer of the instant construction price claim against the Defendant (hereinafter “transfer of the instant claim”), and on October 15, 2014, notified the Defendant of the assignment of the said claim by content-certified mail, and the said notification was reached to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The allegations and judgment of the parties

A. With respect to the Plaintiff’s assertion that the Plaintiff sought payment of KRW 70,000,000 and damages for delay against the Defendant on the ground of the assignment of the instant claim, the Defendant asserts that, prior to the assignment of the instant claim, the Plaintiff cannot oppose the Defendant by the assignment of the instant claim, as the case comprehensive construction transferred the entire claim to D prior to the assignment of the instant claim, and notified the Defendant thereof.

B. According to the reasoning of the evidence Nos. 1 through 3, the case integrated construction agreed to receive KRW 14,008,500,000 from the Defendant on September 20, 201 as the claim for construction payment of this case. On November 11, 2011, the entire claim against the Defendant against the Defendant is transferred to D, and the Defendant is transferred to D.

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