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(영문) 광주지방법원 2019.05.23 2018가합57167
손해배상(기) 등
Text

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 May 10, 2010, the Plaintiff concluded a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for air conditioners and construction works for heating and cooling facilities and equipment with Defendant C Co., Ltd. (hereinafter “Defendant C”), and entered into a contract for electrical construction and communication works with the owner of the F building located on the land outside E and outside three parcels (hereinafter “instant building”).

Defendant D is the actual operator of Defendant C.

B. Defendant B and C filed a lawsuit against the Plaintiff seeking the payment of the said construction cost, and Defendant B, on May 25, 2012, entered into an adjustment to the effect that the Plaintiff and the KRW 400 million should be paid by June 30, 2012 (Seoul District Court 2012Gahap107), and on September 14, 2012, Defendant C rendered a judgment to have the Plaintiff compensate the Defendant C for the amount of KRW 784,568,765, and damages for delay thereof, which became final and conclusive.

(The District Court 201 Gohap5471) c.

Defendant D transferred claims based on the above judgment from Defendant C on March 5, 2013, and notified the Plaintiff on March 6, 2014.

(hereinafter “transfer of claim of this case”) D.

Defendant B and D occupy the building of this case until now.

E. On June 2012, Defendant D stolen 1 and 40 television 2 from the above building at the end of the end of June 2012.

“The charge was prosecuted on September 15, 2017, but the verdict of innocence was pronounced on September 15, 2017 (Seoul District Court 2016Kadan2506). The prosecutor appealed, but the prosecutor appealed on December 6, 2017, but the dismissal of the appeal became final and conclusive.

(Reasons for Recognition) Facts without dispute, Gap's 2, 3, 5, and 6, Eul's 2, Eul's 3-1, Eul's 3-1, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiff's claim for damages due to the breach of good manager's duty of care as the lien holder is a summary of the plaintiff.

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