손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) awarded a contract to the Defendant C Co., Ltd. (hereinafter “Defendant C”) for the new construction of the building listed in the [Attachment List No. 2 (hereinafter “instant building”). While Defendant C was implementing the construction work from the first to fourth floor of the instant building (hereinafter “transfer construction work”), the transfer construction was suspended due to Defendant B’s failure to pay the construction cost.
On July 25, 2009, Defendant B contracted the remainder of the building of this case to Sam power Integrated Construction Co., Ltd. (hereinafter “Tri power Integrated Construction”), and Sam power Integrated Construction subcontracted the said construction to the Plaintiff.
From August 1, 2009 to September 30, 2009, the Plaintiff ceased construction work with the 5th floor of the instant building, and the 6th floor moulder and steel reinforced construction, and then suspended construction work with the string of concrete.
(hereinafter referred to as the “instant construction”) B.
The Plaintiff acquired the claim for construction cost of KRW 766,432,00 upon the execution of the instant construction work. While the Plaintiff was well aware of the acquisition of the claim for construction cost, the Defendants conspired to acquire the instant building in the name of Defendant D (F: F; hereinafter “Defendant D”) with the representative director, who was the auditor and shareholder of Defendant C, following the process as seen below, as seen below.
First, Defendant C, who was in excess of his/her obligation due to national tax delinquency, has transferred his/her claim for construction cost against Defendant C (hereinafter “Defendant C’s claim for construction cost”) to Defendant C’s support and development (hereinafter “Defendant support and development”) with no claim against himself/herself by executing the relocation work.
Since then, Defendant B’s representative director G is all relevant to the instant building in order to repay the claim for the construction cost of Defendant C.