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(영문) 대구지방법원 2015.04.02 2014가단48955
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. The plaintiff's assertion that the plaintiff asserted that KRW 67,00,000, out of the claim for construction price against the defendant of the Dongdong Facilities Co., Ltd. (hereinafter "Sedong Facilities Co., Ltd.") was transferred and notified of the assignment of the claim, the plaintiff sought payment of the above money against the defendant.

B. 1) On July 18, 2012, the non-party company entered into a subcontract with the Defendant on the amount of KRW 742,940,00 (including value-added tax) for the construction of machinery and equipment among the construction of Pyeongtaek-si Child Development Center facilities, and entered into a contract for the change of the construction cost of KRW 792,550,000 on October 18, 2013. The non-party company entered into the contract for the change of the construction cost of KRW 792,50,000 on January 31, 2014. (2) On January 14, 2014, the non-party company entered into an agreement with the Plaintiff to transfer the above construction cost of KRW 67,000,000 among the above construction cost claims against its Defendant to the Plaintiff.

3) At the time of the above agreement, the non-party company agreed to deliver a notice of assignment of claim to the Defendant on the same day, but failed to comply therewith. On January 15, 2014, the Plaintiff, the assignee of the claim, notified the Defendant by himself/herself as a certificate of content of the contract for assignment of claim, and delivered the above content certification to the Defendant on January 16, 2014. [The non-party company did not dispute over the grounds for recognition, i.e., the evidence No. 1-2, 2, 3, 2, 3, 1-1, 2, 1-2, 1-2

C. 1) According to the above facts, the above assignment notification was made by the plaintiff who is not the non-party company that is not the transferor, but the transferee. Thus, the plaintiff's claim of this case premised on the lawful assignment of claims cannot be accepted. 2) The plaintiff asserts that the above assignment notification is valid since he received delegation from the non-party company to the defendant with the notification of assignment of claims of this case.

The assignee entrusted with the authority to notify the assignment of claims shall notify the transferor of the assignment of claims on behalf of the transferor.

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