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Reasons
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(영문) 서울남부지방법원 2015.09.11 2014가단44196
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around 2011, Nonparty C Co., Ltd. (hereinafter “C”) contracted the interior of D stores nationwide from Nonparty D Co., Ltd. (hereinafter “D”). The Defendants are companies and individuals who received sewage from C and performed interior works, and the Plaintiff was a person who lent money to C from around 2010.

B. As the Plaintiff was unable to receive KRW 320 million leased to C, on October 24, 2013, the Plaintiff agreed to take over KRW 1,507,935,363 from C as indicated in the following table (hereinafter “transfer of claims”). The Plaintiff notified C of the transfer of claims on the same day on behalf of C, and the said notification reached D around that time.

The construction price of KRW 1,507,935,363 out of the construction price to be paid for the interior of a claim to be transferred from Byung (C referred to as D) Byung (C)

1. Amount of credit to be transferred as above: ① in order for Party A to pay 19,327,123 won as monthly salary for September 2013 to Party A’s employees (the Plaintiff), ② in order for Party A to pay 32,000,000 won for the principal and interest of loans to Party B; ③ in order for Party A to directly pay 760,217,240 won for each site on which Party A shall pay her contractor as the ordering person; ④ in order for Party A to directly pay her unpaid amount of KRW 408,391,00 for each site on which Party A shall pay her contractor.

2.A does not raise any objection against the receipt of the transfer money directly from Byung after the preparation and issuance of this Assignment Deed.

3. The assignment of claims shall be notified by B on behalf of A.

C. On November 2013, the Plaintiff received the instant assignment of claims from D, and all contractual obligations under the contract, such as A/S and defect repair (including liability in lieu of defect repair, obligation to provide performance security, etc.) in the interior of interior works, which C bears with respect to D.

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