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(영문) 광주고등법원(전주) 2015.06.18 2014나944
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) On March 4, 2009, the Saemangeum Leisure Development Co., Ltd. acquired the ownership of the same 80-3 square meters and 1319.3 square meters and 80-4 square meters and 2101.3 square meters on the same land from the Si of Gunsan on May 22, 2009, and obtained a construction permit for the first and fifth-class neighborhood living facilities on the above land from the Si of Gunsan on May 22, 2009. Around that time, the Special Construction Co., Ltd. (hereinafter referred to as “foreign company”).

3) As to the construction of the above neighborhood living facilities (hereinafter “instant construction”).

(2) On August 3, 2011, the Defendant purchased the above two lands and succeeded to the status of the owner of the above neighborhood living facilities and the status of the contractor of the instant construction contract from the Saemangeum Leisure Development Co., Ltd. on October 29, 2011.

3) On September 21, 2011, the non-party company subcontracted the landscaping construction during the instant construction to the Plaintiff, and the Plaintiff completed the landscaping construction around October 201. 4) On November 11, 2011, the non-party company filed an application with the Defendant for the payment order of the instant construction cost with the Jeonju District Court 201 tea8095, and filed for the payment order against the Defendant on November 24, 2011, the above court issued the payment order with the purport that “the Defendant shall pay to the non-party company KRW 14,008,50,000 and its delay damages.” The above order became final and conclusive at that time.

5) On April 25, 2012, with respect to the Plaintiff’s claim for landscaping construction cost, the Plaintiff and Nonparty Company transferred KRW 214,50,000 among the instant construction cost claim against the Defendant to the Plaintiff, and entered into a contract for the transfer and takeover of the claim with the effect that the Plaintiff would take over the claim (hereinafter “transfer of claim”).

() On September 3, 2012, the Defendant notified the Defendant of the assignment of claims by content-certified mail with a fixed date, and the above notification reached the Defendant on September 4, 2012. [Grounds for recognition] Nos. 1, 2, 4, 7, 9, 10, 11 (which has a serial number)

B. According to the above facts of recognition, the defendant.

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