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(영문) 서울서부지방법원 2019.08.30 2018가단15461
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. On May 23, 2017, the Defendant entered into a contract for construction works to be subcontracted to E Co., Ltd. (hereinafter “E”) with the construction cost of KRW 1,056,60,000, and the scheduled completion date of completion of construction works, which was determined as the project cost of KRW 1,056,60,000, and paid KRW 500,000 in advance to E.

B. E did not complete the construction of the instant building within the said construction period, and around April 10, 2018, entered into a subcontract for construction works to FF Co., Ltd. (hereinafter referred to as “F”) with the cost of construction KRW 780,000,000 (excluding value-added tax) and the scheduled completion date of the new construction of the instant building on September 30, 2018.

C. Around April 19, 2018, the Defendant received a letter from F to the effect that if the construction of the instant building is suspended for at least three days from F, the construction would be waived and that the construction will be completed at the site without any condition. Around April 20, 2018, the Defendant paid KRW 100 million to F.

Around May 15, 2018, the Defendant additionally paid KRW 50,000,000 to F, and the Defendant’s husband, on behalf of the Defendant, prepared a written confirmation (hereinafter “instant written confirmation”) stating that “the Defendant promised to remit KRW 100,000 to the sixth floor other than the sixth floor” (hereinafter referred to as “instant confirmation”).

E. Around June 20, 2018, F notified the Defendant that “A project cannot be performed because the Defendant’s promise to pay KRW 100 million for the completed portion was not complied with as of June 8, 2018,” and the Defendant suspended the said project. On June 19, 2018, the Defendant sent to the Defendant a certification of the content that “A” was cancelled and the excess payment was returned.

F. On August 25, 2018, F transferred all monetary claims (including in no name, such as direct payments, payment agreements, etc., and secured claims 2018Kadan845) acquired in relation to the new construction of the instant building to the Plaintiff, and delegated the authority to notify the assignment of the assignment, and the Plaintiff notified the Defendant of the fact of the said assignment of the assignment.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3 through 6, 13, and Eul No. 1 to 3.

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