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(영문) 부산지방법원동부지원 2015.12.04 2015가합100753

손해배상(기) 등

Text

1. The plaintiff's claim against the defendant B and the main claim against the defendant C are dismissed, respectively.

2. The plaintiff's defendant C.

Reasons

1. Basic facts

A. The status of the party is the representative of D Co., Ltd. (hereinafter “instant company”) with the purpose of wedding business, and Defendant B is a person who served from around 2002 to December 31, 2007 as the former duties of the instant company, and Defendant C is the wife of Defendant B.

B. On July 5, 2002, the Plaintiff entered into a construction contract with E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) on the construction period of the building on the ground (the 15th floor and the 7th floor and the 7th floor and the 7th floor; hereinafter referred to as “instant building”) of the 4187.4 square meters (hereinafter referred to as “instant land”) in Busan-gu, Busan-gu, the construction contract was concluded with the Plaintiff, but the construction was suspended due to disputes arising between the Plaintiff and E regarding the construction cost.

C. (1) On February 21, 201, when the Plaintiff failed to pay the construction cost under the instant building construction work to E, and E applied for a voluntary auction on the instant land, the Plaintiff and E entrusted the instant land to a trust company (a Asian trust) on or before December 24, 2011, and E and trust companies agreed to carry out the instant building construction project (hereinafter “instant project”) and withdraw the said voluntary auction application (hereinafter “the first agreement”).

(2) After the first agreement of this case, the Plaintiff and E reached an agreement on April 24, 2013 with the following contents (hereinafter “the second agreement”).

Article 2 [Limits to Transfer Business Rights] (1) The plaintiff transfers business rights (any rights, obligations, assets, etc. under a contract) to E in accordance with the terms and conditions prescribed in this Agreement, and he/she shall take over the business rights.

(2) The Plaintiff shall have the right to operate this business under Article 2(5) as it considers necessary for E in connection with this business.