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(영문) 의정부지방법원 2021.01.07 2019가합60455
손해배상(기)
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. On May 15, 2017, the Plaintiffs, E, and F (hereinafter collectively referred to as “the Plaintiffs, etc.”) contracted 4,850,000 won of the construction cost to newly construct a seven foot multi-household house (hereinafter referred to as “multi-household house in this case”) in G Co., Ltd. (former trade name: H Co., Ltd.; hereinafter “H”) on May 15, 2017.

2) On June 28, 2017, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) was awarded a subcontract for the construction of glass and ston tons among the said new construction works by H.

B. On September 25, 2017, H agreed to receive sales contracts and direct payment of the subcontract price. On September 25, 2017, H agreed to receive 1.2 billion won out of the said contract amount as eight households out of the instant multi-household housing, and thereafter, on November 30, 2017, the Defendant Company paid to the Defendant Company the instant multi-household housing J-dong K (150,000,000 won) that it received as a substitute from the Plaintiffs, etc. as substitute goods.

“The terms and conditions of the sale contract was written and awarded.”

2) On February 12, 2018, the Plaintiffs, etc., H, and Defendant Company drafted a written agreement between three parties to pay KRW 310,990,00 (including surcharges 6%) to the Defendant Company, a sewage-grade company, by not later than the completion date, with the remainder of the subcontract construction cost remaining by the Plaintiffs, etc., who are the higher-level subsidiary.

3) On May 24, 2018, H: (a) the content of the waiver of the contracted construction work from the Plaintiffs, etc.; and (b) the content that “The right to ownership and disposal of the J-dong (K and seven units) that was set and paid at the construction cost is verified to the owner of the building (the settlement of loan and construction cost)”; and (c) the content of the commitment that “H issued to the owner of the building (the actual owner of the multi-household housing in this case due to Plaintiff B’s fraud).”

(c)

Quasi-public, ownership preservation registration, trust, etc. 1) The multi-household housing in this case was completed on June 15, 2018.

2) As to the instant multi-household M Dong on July 10, 2018, Plaintiff A and Plaintiff B on July 13, 2018.

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