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(영문) 대전지방법원 천안지원 2018.06.01 2017가합101976

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 115, 2015, the Plaintiff entered into a supply contract with Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”), with respect to July 112, 2015, for KRW 33,760,000 as to July 20, 2015, for Nonparty G, KRW 33,760,00 as to subparagraph 113 as to subparagraph 13, and KRW 323,330,00 as to subparagraph 114, as to July 114, 2015, and KRW 323,30,00 as to subparagraph 323,30,00 as to subparagraph 114, and Nonparty H as to July 115, 2015.

B. As to Plaintiff B’s 113 of the instant commercial building from the said G, Plaintiff D acquired all the rights and obligations regarding Plaintiff D’s 115 of the instant commercial building from the said H.

(hereinafter referred to as “Plaintiffs” without distinguishing Nonparty G, H and the Plaintiffs, and the contract entered into between the Plaintiffs and the Defendant Korea Asset Trust, collectively, refers to each of the instant supply contracts, and when they comply with the total of subparagraphs 112 through 115 of the instant commercial building, each of the instant stores shall be referred to as “each of the instant stores”).

Article 15(1) of the supply contract of this case provides that "the purchaser entered into a land trust agreement with the truster for the object of sale in lots between the truster, the trustee, and the defendant Korean Asset Trust," and Paragraph (3) provides that "the contract for the supply in the complex is aware that it is an act of performance under the above trust agreement." Paragraph (3) provides that the delayed occupancy compensation arising from the reasons other than the performance of the obligation to return the supplied amount at the time of the cancellation or termination of the sale contract and the delay of the construction among all the obligations arising from the trust of the defendant Korean Asset Trust, shall be responsible by the truster, and the truster shall be responsible by the contractor, and the delayed occupancy compensation arising from the defect repair and the delay of the construction shall be liable by the contractor, and the defendant Korean Asset Trust shall not be liable by all the responsibility and obligations. In addition, the defendant Korean Asset Trust shall be a person who has