beta
(영문) 의정부지방법원 2021.01.14 2020가단11216

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 5, 2016, the Plaintiff was the only internal director under the Defendant’s guarantee that the Defendant’s husband was the Defendant’s husband.

D Co., Ltd. (hereinafter referred to as “D”) contracted construction of the E Urban Residential Housing Construction among the E Urban Residential Housing Construction Corporation, and filed a lawsuit against D and C for the claim for construction cost as of September 25, 2017 against D and C on the ground that the construction cost was not paid.

B. On May 30, 2017, the Plaintiff, under the guarantee of C, contracted the steel processing assembly and concrete strawing construction among the construction of the three lots of G construction works from D, Macheon City, F, and C, and filed a lawsuit claiming construction cost against D and C on November 17, 2017, for which payment of construction cost was not made.

(c)

Since then on April 26, 2018, the date of mediation of the claim for construction cost claim by the Jung-gu District Court 2017Gadan 26867 decided on April 26, 2017, “D and C shall immediately upon completion of the construction work of G building H, sell the ownership to the person designated by the Plaintiff, at least KRW 145 million until August 31, 2018, and if sale is at least 145 million won, the amount exceeding KRW 145 million shall be owned by D and C, and if sale is below KRW 145 million, the amount below KRW 15 million shall be paid to the Plaintiff; if the Plaintiff fails to sell it within the above period, the Plaintiff shall be paid KRW 15 million to the Plaintiff; and if the Plaintiff fails to sell it within the above period, the Plaintiff’s district court’s claim for construction cost adjustment was concluded with the content of withdrawal of the lawsuit of this case, etc. (hereinafter “instant mediation”).

(d)

In doing so, D and C have failed to implement the adjustment clause, such as not transferring ownership to a person designated by the Plaintiff, even though G building H had been completed after completion.

[Ground of recognition] Unsatisfy, or Gap's entries and changes in Gap's evidence Nos. 1, 3, 5 through 8, 11

2. Determination on the Plaintiff’s claim