손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In fact, the status of the parties to the case (hereinafter “instant association”) is a partnership established for the purpose of the land readjustment project for the Dong-dong Tdong, Ulsan-gu, Busan-gu around January 20, 1993, and Defendant R was the representative of the instant association at the time when the board of representatives of the instant association was held on January 20, 2015, and the remaining Defendants except the auditor of the instant association and Defendant R were the representatives of the instant association.
A Evidence No. 2 and A No. 1. The plaintiff is a company engaged in the housing construction business, etc.
A. The construction contract between U.S. and the instant association and the Plaintiff’s construction guarantee contract were awarded to U.S. Co., Ltd. (hereinafter “instant construction project”) a contract for a land readjustment project (hereinafter “instant construction project”) around 2004. However, the instant association and U.S. agreed on the content of the construction contract for the instant construction project (hereinafter “instant construction contract”) around May 22, 2009 through multiple changes, and the Plaintiff guaranteed U.S.’s construction work.
According to the construction contract in this case, the contract amount of the construction work in this case is KRW 15,290,000,000, among which the contract amount of the construction work in this case is KRW 9,166,000,000, and the loan amount is KRW 6,124,000,000, and the office cost is KRW 1,680,000,000 among the loan amount is KRW 1,680,00.
On the other hand, the payment of the construction price was appropriated as a substitute for the project cost with the whole area of the land secured by the authorities in recompense for development outlay under the land substitution plan, and the payment method of the construction price is paid as U.
No. 3. The Plaintiff’s instant association, U, and the Plaintiff appears to have been divided into four lots of land in the Wingt, X, Ying, and Zingt, after the land secured by the development recompense for the development outlay located in the S-Land Partitioned Zone, which was acquired by U.S. from the instant association on May 22, 2009.
(hereinafter referred to as “instant land secured by the recompense of development outlay”) approves the instant association that transferred the land to the Plaintiff, and registers the said land secured by the recompense of development outlay in the management ledger as owned by the Plaintiff.