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(영문) 서울중앙지방법원 2018.11.15 2017가합570987

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is a company operating housing construction business, and the remaining Plaintiffs and Defendants, except the Plaintiff Company, own the instant loan No. 101, Plaintiff B, Plaintiff B, Plaintiff B, and Plaintiff D, Plaintiff B, Plaintiff No. 102, Plaintiff B, and Plaintiff D, Plaintiff E, Plaintiff No. 302, 201, 302, 302, 302, and 201, respectively.

B. From November 1, 2016, Plaintiff Company agreed to carry out the instant loan project (hereinafter “instant project”) to reconstruct the instant loan to the six existing operating households, the nine operating households, and the nine household units of Nadong from the six existing operating households, Nadong, along with Nonparty Wnb Co., Ltd. (hereinafter “Nonindicted Company”) and L, etc.

C. On March 2017, the Plaintiff Company and Nonparty Company entered into a rebuilding project contract (hereinafter “instant construction contract”) with six co-owner of the instant loan operation (including Plaintiff F and Defendant G) and five co-owner of the instant loan (hereinafter “Plaintiff B, C, D, E, and Defendant H”) among six co-owner of the instant loan (hereinafter “instant construction contract”) (the owner of the instant loan No. 202 was unable to enter into a construction contract with the said owner on the ground that he did not consent to the instant project, and accordingly, the Plaintiff Company purchased the said part and promoted the project). The contents of the said construction contract related to the instant case are as follows.

Article 1(Purpose)The purpose of this Agreement is to ensure the successful completion of the said reconstruction project by prescribing the status, rights, and obligations of Section A (Co-owners of the instant loan) and Section B (Plaintiff Company and Non-Party Company) with respect to the operation of KB, and the reconstruction project of the Gangnam-gu Seoul Metropolitan Government I and J.

Article 3 (Status and Business Principles between Parties) (1) A and B shall be joint project undertakers who are responsible and responsible for them in accordance with related Acts and subordinate statutes, such as the Housing Construction Promotion Act, and their success.