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(영문) 광주지방법원 2015.10.13 2014가단31245
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. The plaintiff was endorsed and endorsed four promissory notes issued by Dong Telecommunication Co., Ltd. (hereinafter referred to as the "Large Power Co., Ltd."), but it did not receive each of the following promissory notes due to the bankruptcy of Dong Telecommunication prior to the due date.

On January 17, 2014, the date of issuance of the payment date of the sequence 1: (a) No. 1 of the bill No. 1, 2014; (b) the national bank of Gwangju Metropolitan City, Dong-dong, dong-dong, dong-dong, e.g., a national bank of Gwangju Metropolitan City; (c) 0,000,000 on July 31, 2013; and (d) January 31, 2014; (b) the national bank of Gwangju Metropolitan City, Dong-dong, dong-dong, e.g., a national bank of Gwangju Metropolitan City on September 16, 2013; (c) 0,000,000 on September 24, 2017; and (d) March 31, 2014; (c) the national bank of Incheon Metropolitan City, Dong-dong, e.g., the national bank of large City on April 30, 2013>

B. Meanwhile, around April 29, 2013, the Note Co., Ltd. was awarded a subcontract for the part of telecommunications construction among the construction works for the construction of wooden Sea 3 Blue apartment units from the Boan Construction Co., Ltd., and the Bay Power supplied a total of KRW 25,736,737 (excluding value-added tax) at the aforementioned construction site from May 8, 2013 to June 6, 2013.

[2] Of the above material price, KRW 27,691,959 (hereinafter “instant material price claim”). C.

On May 23, 2013, the defendant was divided into UN Company and was established. D.

A. The Republic of Korea, which is the endorser of each Promissory Notes mentioned above, shall set forth above A.

On January 15, 2014, for the payment of the Promissory Notes stated in the claim, the Plaintiff transferred the instant material price claim asserted against the United Nations Company, the main claim, and notified the Defendant of the assignment of the claim after the split-off on January 16, 2014, and at that time, the said notification of the assignment of claim reaches the Defendant.

[Identification Evidence] Evidence Nos. 1-1 to 4, Evidence No. 2-1, Evidence No. 2, Evidence No. 3, Evidence No. 7, Evidence No. 8-1 to 20, Evidence No. 9-1, 2, and Evidence No. 1, Evidence No. 1, part of Witness A’s testimony and pleading.

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