손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts recognized;
A. The Defendant entered into a contract for construction works between the Defendant and C (hereinafter “C”) on January 15, 2010.
(2) The construction work of newly constructing a factory (1,993m2, 267m2) on the land outside of the Haman-gun, Haman-gun, Haman-gun, Haman-gun (hereinafter “instant construction work”).
C) A contract was entered into on June 22, 2010 with the content of the instant construction project changed from January 28, 2010 to January 15, 2010, reflecting the change of the design on July 25, 2010, with the construction cost of KRW 2.49 billion (including value-added tax), the rate of 19% per annum due to the delay in the payment of construction cost, and the period of construction from January 28, 2010 to May 10, 201.
On the other hand, as part of the land to be incorporated into the factory site is divided, the factory site was revised to the forest E, F factory site, G factory site, H, I, and J (hereinafter “instant land”) in the design change.
3) On the ground of the instant land, the Defendant shall have two factory buildings and one office building (hereinafter “instant building”).
(4) On November 30, 201, the Defendant filed a claim against Changwon District Court for a payment order of KRW 2.52 billion and damages for delay calculated at the rate of 19% per annum from the day after the original copy of the payment order was served to the day of complete payment. The payment order of the said court was served to C on December 31, 2011 and became final and conclusive on January 17, 2012.
B. As a result of the lawsuit to confirm the existence of the right of retention against the Defendant, one of the real estate auction procedures commenced at the request of K, Inc., a mortgagee, regarding the instant land and buildings (the Changwon District Court).