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(영문) 대구지방법원포항지원 2016.07.21 2016가합16
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On February 24, 2012, the Plaintiff entered into a claim transfer and takeover agreement with Daedae Construction Co., Ltd. (hereinafter “Seodae Construction”) and took over the outstanding claim for the construction cost, which he/she holds against the Defendant, from Taedae Construction. The Daedae Construction took over KRW 215,00,00,000, from Taedae Construction. On February 28, 2012, Taedae Construction sent a notice of transfer of assignment by using the receiver as the Defendant and Ho Young Construction Co., Ltd. (hereinafter “Yung Construction”) by mail proving the content of the assignment, and the said notice reached the Defendant on February 29, 2012.

B. On June 8, 2007, the construction contract for the B Urban Development Project was entered into with the Defendant as a joint contractor for the order of work, the collection of land, and the construction of major names. On September 30, 2010, the contract for the B Urban Development Project was entered into (hereinafter “instant contract”). The main provisions on the payment of the construction price under the instant contract are as follows.

(B) Under the following, “A” applies for the amount of land secured by the authorities allotted in recompense for development outlay after authorization for a land substitution plan is granted to Defendant, “B,” and “B”, Article 18(1) of the same Act (payment of money), “A” and “B,” and the amount of land secured by the authorities in recompense for development recompense after authorization for a land substitution plan is granted to “B” and “B,” and then the area of land secured by the authorities in recompense for development recompense for development recompense shall be paid to “B,” as

Provided, That the term “A” does not participate in the “A” when the payment of the construction completion money is made.

However, in order to facilitate the progress of the construction project, “A” may cooperate with the supervisor in the affairs, such as prior notice of the payment of land allotted by the authorities in recompense for development outlay that “B” received from the supervisor so that it can preferentially cover the construction cost of “B”.

(2) From to (5) omitted, “B” shall, in principle, pay the amount invested for construction expenses to “A” in cash.

In the future, “B” and “B” are “A” when a civil or criminal dispute arises.

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