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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 201, the Plaintiff entered into a contract with Nonparty D Co., Ltd. and its representative director as a contractor for the construction of the building for senior citizens on the ground of which the construction cost was KRW 3.28 billion with respect to the reconstruction, G, H, I, and J Construction of the Building for senior citizens on the ground of its own (hereinafter “instant construction”).
B. The Plaintiff, while performing the instant construction project, suspended construction work on March 2012 and exercised the right of retention.
C. The Plaintiff applied for a payment order of KRW 1.1 billion against Daegu District Court racing support for the payment order for KRW 1.1 billion and the above decision became final and conclusive.
On the other hand, the defendants were awarded a successful bid for G, H, I, and J land in the auction procedure.
E. On October 24, 2014, the Plaintiff transferred the Plaintiff’s claim for construction payment against D and E to the Defendants in KRW 550 million, but the down payment of KRW 250 million was paid on or around October 2014, and the Plaintiff concluded an agreement on acquisition of claims between the Plaintiff and the Defendants to pay KRW 300 million within 30 days after the completion of the construction agreement with the Plaintiff under an additional construction agreement with the Plaintiff.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion 1) Although the Plaintiff had been constructed as the instant construction work was a medical care center, the Defendants required a new design drawings for construction work, and the Defendants did not request the architectural designer’s office to design drawings, and thus the Plaintiff could not proceed with construction work. (2) The Defendants rescinded the construction contract by serving a duplicate of the instant complaint on the grounds that the Defendants were responsible for the above reasons attributable to the Defendants. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the remainder of the transfer price of claims KRW 300 million.
B. Determination is based on the facts that the Defendants did not request design drawings to the architectural designer office and thus did not cooperate in the implementation of the Plaintiff’s construction work.