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(영문) 부산지방법원 2019.07.11 2018가단16337
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) between C and C, the Defendant entered into a contract with C for the construction of a third floor of reinforced concrete building (hereinafter “instant construction”) on the ground of Ulsan-gu D, Ulsan-gu, Seoul-gu, which is owned by the Defendant.

(2) On February 19, 2018, C entered into a subcontract with E by fixing the construction amount of KRW 370 million as to the instant construction work. On February 23, 2018, the Plaintiff was re-subcontracted with E for construction of KRW 119,64,50 in total, such as reinforced concrete construction, 21 square meters, 21 square meters, and 3rd floor heating re-subcontract, but did not receive KRW 63 million from E.

(3) On June 22, 2018, E transferred the claim amounting to KRW 63 million to the Plaintiff regarding the instant construction project against the Defendant, and notified the Defendant on September 17, 2018.

(4) Therefore, the Defendant is liable to pay the Plaintiff the acquisition amount of KRW 63 million and delay damages therefor.

B. First of all, as to whether E has a claim of KRW 63 million for the construction cost that it transferred to the Plaintiff by the Defendant, it is difficult to believe that part of E’s testimony by the witness E is consistent with this, and it is insufficient to recognize it only by the descriptions of the evidence Nos. 6 and 14. The Plaintiff’s assertion is without merit, since there is no other evidence to acknowledge it.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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