손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. Progress 1) C Co., Ltd. (hereinafter “C”)
on July 11, 1998, each of the real estates listed in the separate sheet (hereinafter “each of the instant lands”) from the permanent market on July 11, 1998.
(2) The F (Name G) was awarded a contract for the construction of the above deep-sea complex (hereinafter “instant construction”) from C in the name of Gyeongtoon Co., Ltd., and performed the instant construction work under the name of Gyeongtoon Co., Ltd. (hereinafter “instant construction”). As the construction cost was not paid properly, the construction was de facto waived and terminated around 200.
On the other hand, the defendant's wife D loaned 468 million won to F as the construction fund under the joint and several guarantee of C.
3) The Plaintiff from October 10, 200 to C of the instant construction work (the total floor area of 4,062 square meters, hereinafter “instant aggregate construction”).
(4) Since October 15, 2000 to December 30, 2001, C had been awarded a contract for construction cost of KRW 2.577 billion, and during the construction period of construction period of KRW 2.57 billion, and thereafter, C had suspended the instant structural construction around September 2001.
5) Based on the time the instant structural construction is suspended, among the structures completed on each of the instant lands, the left part of approximately 600 square meters was completed for the structural frame of the first floor and completed for the structural frame of the second floor. The right part of approximately 600 square meters was in the state where the instant structural structure was installed for the structural frame of the first floor (hereinafter referred to as “the instant structure”).
B. B. The instant arrangement 1 between the Plaintiff and D was concluded on September 27, 2001 with respect to each of the instant land (excluding HAG No. 3060 square meters in Young-si, Young-si) and the decision to commence the auction was made on September 27, 2001, and as the auction procedure was in progress, D who lent the instant aggregate construction to the Plaintiff and F with a view to recovering its claim amounting to KRW 468 million.
2) Accordingly, D and the Plaintiff take over from C the business rights related to the construction of the above deep-sea household. D.