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(영문) 청주지방법원 2019.01.24 2018가단23308
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Summary of the Plaintiff’s assertion

A. The Plaintiffs are officers and shareholders of J Co., Ltd. (hereinafter “J”).

B. The representative director of the J, Defendant F and the other Defendants were distributed in the auction procedure related to the building owned by the J, alleging that they have the claim for the construction cost against J by doing the construction work on the ground L, M, and Ndong and eight parcels of land owned by the J.

C. However, the Defendants’ claim for construction cost is false and unreasonable, and this is the result of the Defendants’ participation in the act of breach of trust by the representative director F of J. D.

As such, the J has caused the Defendants’ joint tort to become insolvent, the Defendants jointly have a duty to compensate the Plaintiffs for damages, such as the purport of the claim.

2. On the one hand, the Defendants conspired with J to assert excessive claim for construction cost and demand a distribution in the relevant auction procedure against J.

As to the grounds of the Defendants’ liability for damages, including the fact that Defendant F committed a breach of trust against J and the Defendants participated in the process, it is not sufficient to recognize the Plaintiffs’ assertion (the above evidence is only the register of real estate and the register of register of the J). There is no other evidence to acknowledge it.

Therefore, the plaintiffs' assertion is not accepted on different premise.

3. If so, the plaintiffs' claims against the defendants are groundless, and all of them are dismissed.

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