손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the owner of the D-ground Building (hereinafter “instant building”) in Taean-gun, Taean-gun, Chungcheongnam-gun, and Defendant C is the husband of the Defendant Company E, the representative director of the Defendant Company, and the owner of the site of the instant building.
B. Around 2014, Defendant C received a proposal from F, a land owner, to sell the instant building by extending the instant building from the existing two to four stories, and accepted it.
C. The former G Co., Ltd (formerly: H Co., Ltd) received the instant building extension construction, and the construction was suspended due to financial shortage, etc. while the structural construction was underway.
On August 9, 2016, the Plaintiff drafted a contract agreement between F and F on behalf of the Defendants that the Plaintiff would receive KRW 2.53 billion from the Defendants for the instant building extension work.
(hereinafter “instant contract”). According to the instant contract, the amount of damages incurred when the construction is delayed due to the lien and obstruction of construction before the commencement of the construction after the commencement of the Plaintiff shall be borne by the contractor.
E. Since then, the Plaintiff prepared for the resumption of construction, but did not proceed with construction due to the site occupation of the subcontractor of the construction project before September 2016, and completed the construction work on the site.
[Evidence] Facts without dispute, Gap evidence Nos. 1-3, 2, and 15, and the fact-finding results of this court's fact-finding to the Chungcheongnaman Police Station, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's cause of claim - The defendants lawfully concluded the contract of this case with the plaintiff through F on behalf of the defendants. The plaintiff lawfully terminated the contract of this case with the plaintiff as the party to the contract of this case (the contract of this case's failure to resolve the situation of discontinuance of construction and the payment of construction cost).