(영문) 청주지방법원 2015.11.25 2015가합431

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(영문) 청주지방법원 2015.11.25 2015가합431

공사대금

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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. On January 19, 2010, C Co., Ltd. (hereinafter “C”) was constructed by F, which operates E in accordance with C’s design, among the new construction works of the building on the land (hereinafter “instant building”) and D and 7 parcels of land (hereinafter “C”), and the Plaintiff supplied steel-frames to the said construction works. The Plaintiff supplied steel-frames of KRW 258,00,000 on February 10, 2010, KRW 258,000 on the said steel-frames of KRW 10,10,000 on February 10, 2010, KRW 10,000 on February 28, 2010, KRW 58,000 on March 31, 201 and directly paid to the Plaintiff by C, the representative director G of C and the owner of the said seven parcels of land, and entered into a contract with H to the Plaintiff for the payment of the said goods (hereinafter “instant joint surety”).

B. On January 19, 2010, the date when the instant contract was concluded, the Plaintiff, C, G, and H drafted a notary public’s deed of debt repayment contract from the Cheongpo Law Firm No. 69 on January 19, 2010.

C. The Plaintiff supplied steel materials according to the instant contract, and C repaid KRW 70 million out of the instant debt.

C On December 31, 2010, on the part of the Defendant and C entered into a contract for the transfer and acquisition of the rights and obligations of the Defendant (hereinafter “the contract for the transfer and acquisition of the instant case”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The contract for the transfer of business in this case was entered into between the Defendant and the Plaintiff’s “acquisition of only the business in this case” (main cause of claim) or the “acquisition of the entire business inC” (preliminary cause of claim), and the Defendant concurrently acquired the instant obligation against the Plaintiff in this case.

As such, the Plaintiff is obligated to repay the debt of this case.

B. The defendant shall agree on the transfer contract of this case with C and withdraw the written withdrawal from the Dong Cheongju Tax Office.

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