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(영문) 의정부지방법원 2014.09.05 2013가합70221
손해배상(기)
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 October 2004, the Plaintiff agreed to remove the Plaintiff’s building owned by Nonparty 1, E, G, H, and I, which is included in the building site of this case, and the building site of Guri-si F, E, H, and I, and receive KRW 4 billion from Nonparty Company.

B. On May 30, 2005, the non-party company and the owner of the building of this case transferred the name of the non-party B and four other parties (hereinafter referred to as the "party involved in the execution of this case") designated by the defendant C (the above defendant was ordered to commence the rehabilitation procedure on March 4, 2014 by the government district court 2014 Ma4, and D who was appointed as the administrator of the rehabilitation debtor C by the above court took over the instant case. However, on June 10, 2014, the above rehabilitation procedure was abolished and the above defendant took over the instant case again.).

C. On April 20, 2007, the Plaintiff filed a lawsuit against Defendant C and the enforcement-related persons of this case seeking the payment of KRW 4 billion (Seoul Northern District Court 2007Gahap3678). However, on November 21, 2007, the above court rendered a judgment against the Plaintiff on the grounds that there is no evidence to prove that Defendant C, which is the premise of the Plaintiff’s claim, assumed the above contract obligations against the Plaintiff of the non-party company. Accordingly, the Plaintiff appealed (Seoul High Court 2008Na5822), but the above court rendered a judgment dismissing the appeal on August 28, 2008, and the above judgment became final and conclusive on September 23, 2008.

Meanwhile, “A building destruction agreement” attached to the preparatory document dated November 19, 2007, submitted by the defendant in the course of the said lawsuit (hereinafter “instant alteration agreement”) is amended by the original agreement signed around October 2004 between the plaintiff and the non-party company as the agreed amount of KRW 4 billion.

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