손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) each of the “Defendant 5 or 6” in the judgment of the court of first instance as “Plaintiff 1”; and (b) the reasoning of the judgment of the court of first instance is as stated, except for the addition of the judgment on the Plaintiff’s assertion emphasized or newly made by this court as set forth in paragraph
2. Additional determination
A. The Plaintiff’s summary of the Plaintiff’s assertion was supplied with aggregate from around December 2016 to H (hereinafter “H”) in the instant Quarrying, and the Defendant entered into the instant sales contract with the Defendant upon the acquisition of the said Quarrying around August 30, 2017.
In the past, the Plaintiff has paid the aggregate production cost that H must pay to H to H, a corporation, a company specializing in processing aggregate (hereinafter referred to as “I”), in the form of advance payment for H. Furthermore, the Plaintiff has traded from the aggregate price to be paid to H by deducting it and settling it.
However, the Defendant did not properly supply aggregate of 50,000 square meters every month while making a unilateral assertion as to the settlement of aggregate, such as denying the obligation to pay KRW 497,546,935 (the total amount of KRW 102,325,935, such as national tax in arrears, electricity in arrears, which the Plaintiff paid on behalf of H, and deposit 395,221,000) that H should have to return to the Plaintiff, even though he/she succeeded to his/her position by taking over the instant quarrying from H and succeeded to his/her position. From November 14, 2017, the Defendant came to completely suspend the supply of aggregate.
In addition, in taking over the instant Quarrying, the Defendant did not sell the instant Quarrying at the auction procedure that was in progress with respect to the said Quarrying, but did not bid at the above auction procedure, and the J Co., Ltd., a third party on November 23, 2017 (hereinafter “J”) sold the instant Quarrying, and the Defendant did so.