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(영문) 대구지방법원경주지원 2013.04.19 2012가합525
손해배상(기)
Text

1. The Defendants: (a) each of the Plaintiff A, KRW 175,214,00, KRW 58,000 to the Plaintiff B, KRW 56,00,000 to the Plaintiff C, and KRW 56,00,00 to the Plaintiff C, respectively.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant I received a supply of new construction work of the K building on the sixth floor above M and N underground floor from K Co., Ltd. (former trade name before the change: L Co., Ltd.; hereinafter “K”), and completed the construction work.

Defendant J Co., Ltd. (hereinafter “Defendant J”) is a company established for the purpose of real estate sale and lease business, and its representative is registered as O, which is Defendant I’s wife, but Defendant I actually manages.

The plaintiffs have each claim for the construction price stated in the separate sheet (1) against K.

B. On September 18, 2007, Defendant I was delegated with all legal and factual acts related to the exercise of lien and the preservation, management, and disposal of the articles kept in custody for the purpose of recovering the claim for construction cost from the contractor including the Plaintiffs, and on September 20, 2007, after obtaining the transfer of the claim for construction cost, made a notarial deed of a debt repayment contract with the purport of approving that the contractor’s labor cost and the claim for construction cost of the contractor including the Plaintiffs are KRW 1,307,873,625 and promising to repay it, and on December 27, 2007, filed an application for a compulsory auction of real estate with the Daegu District Court P for the above compulsory auction procedure with the claim for construction cost as the secured claim in the above compulsory auction procedure as of December 27, 2007.

C. At the time of reporting the right of retention, Defendant I affixed a mark to the entrance of the K Building that it occupies as a right of retention, concluded Q and R management services contracts with Q and R, and had them manage the K Building. D.

On June 19, 2008, Defendant I withdrawn the application for compulsory auction of the above PP on June 19, 2008, and Pungwon Partnership Co., Ltd., a collateral security right holder, applied for the auction of real estate to Daegu District Court and rendered a voluntary decision on the commencement of auction on August 5, 2008.

E. On February 2, 2010, the Defendant Company received a successful bid of the 7 real estate set forth in [Attachment 1] to the above Selective Auction Procedure, and on August 10, 201, the same is applicable to the said Selective Auction Procedure.

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