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. The Plaintiff’s assertion as indicated in the grounds of the claim is as follows: Defendant B and C conspired to participate in the public auction bid of Defendant Nonghyup Incorporated Co., Ltd. (hereinafter “Defendant Nonghyup”); and the Plaintiff participated in the bidding on August 25, 2014, which was selected as the successful bidder on the following day; however, the bid contract becomes null and void even if the bid amount of KRW 2 billion, KRW 100 million, KRW 1100,000,000,000 for the bid deposit, KRW 2.21,100,000,000,000,000 is paid; thus, Defendant B and C are liable for joint tort under Article 760 of the Civil Act, Defendant D Co., Ltd (hereinafter “Defendant D”), and Nonghyup is liable for the employer under Article 756 of the Civil Act. Accordingly, the Defendants are obligated to pay each Plaintiff the amount of KRW 200,000 and delay damages.
2. In light of the following facts and circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings in each statement of evidence Nos. 1 through 14 (including branch numbers; hereinafter the same shall apply) of the judgment Nos. 1 through 14, the Plaintiff’s assertion is insufficient to recognize the fact of deceiving and deceiving the Plaintiff’s assertion, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion cannot be accepted.
On August 26, 2014, the Plaintiff was selected as a successful bidder for the instant PF claims, etc. related to the instant business by Defendant Nonghyup, and paid the remainder of KRW 1.8 billion, excluding the bid deposit of KRW 2 billion, out of KRW 3.8 billion under the bidding guide and asset sales contract, until September 12, 2014. However, at that time, the Plaintiff delayed, but the Plaintiff requested the extension of payment deadline by disclosing various financing plans to Defendant Nonghyup.
B. Accordingly, the defect that Defendant C expressed the Plaintiff’s intent to pay to the said F, the Plaintiff paid the Plaintiff KRW 100 million in total as performance guarantee amounting to KRW 50 million on September 15, 2014, and KRW 50 million on the following day, as the performance guarantee amount. Since then, Defendant Agricultural Cooperative sold the instant business-related PF bonds, etc.