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(영문) 대구지방법원 2016.06.16 2015가단122881
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 18, 2012, EE-ray Co., Ltd. (hereinafter “EE-ray”) entered into a contract for authorization and permission of the pilot project for the SP project for the solar power generation of the Nakdong River (hereinafter “instant contract”). The content of the contract shall be determined by obtaining the authorization and permission of the pilot project for the SPP project for the solar power generation of the Nakdong River for the SPPP as of May 30, 2013; the time limit shall be KRW 250,000,000 in return for the payment of EE-ray; the payment of KRW 10,000 in advance shall be made within 30 days after the issuance of the contract guarantee certificate; the payment of KRW 125,00,000 shall be made within 30 days after the completion of the authorization and permission; and the payment of KRW 300,000 in the remainder shall be made within 300,000 after completion of the contract.

B. The Technology Group of the 20th century performed the business for the above authorization and permission in accordance with the instant contract, but failed to complete it by the agreed deadline.

C. The Plaintiff was transferred from the Technology Group in the 20th century the above service price claim against EEEz.

Around March 2014, the defendant acquired EEE-ray by transfer.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. The Plaintiff and the Defendant’s assertion 1) asserted that payment for completed portion is KRW 137,500,000 among service payment claims against EEE-ray in the century, and sought payment against the Defendant who is an EEE-ray’s transferee and merger based on the above assignment of claims. 2) As to this, the Defendant agreed at the time of the instant contract, EEE-ray and the 2nd century Technology Group, at the time of the instant contract, not to transfer all rights under the instant contract. In addition, the Plaintiff and EE-ray did not notify the Defendant of the assignment of claims, and the Technology Group in the 2nd century obtained authorization and permission under the instant contract.

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