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(영문) 대구지방법원서부지원 2016.10.11 2015가단5297
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

Basic facts are: (a) the Plaintiff entered into a real estate banking contract with landowners on a total of 15,526 square meters of land (hereinafter “instant land”) including 10 square meters in Daegu-gun, Daegu-gun; (b) and (c) obtained permission for development activities for farming from the Singu-gun on January 8, 2013; and (c) the change of the form and quality of the instant land was made to create farmland by embling high-quality soil as the ground of the instant land is lower than the existing farm roads and drainage roads, making it difficult for the Plaintiff to have access to and drainage of agricultural machinery using the instant land.

Defendant D Co., Ltd. (hereinafter “Defendant D”) is the contractor of the Newly constructed G in Daegu-gu Seoul Metropolitan Government (hereinafter “instant construction”).

On January 2013, H Co., Ltd., a subcontractor for the soil works in the instant construction project, entrusted the Defendant C Co., Ltd. (hereinafter “Defendant C”) with approximately KRW 500,000 tons of sand and rocks generated at the construction site in KRW 2.9 billion under the joint and several guarantee of the Defendant C Co., Ltd. (hereinafter “Defendant C”), and the said I entrusted Defendant C with dump trucks with the disposal of sand by lending the form of a lease agreement for dump trucks.

In addition, around January 7, 2013, Defendant C entered into a contract with K operating a mid-term rental business under the name of Defendant B with the land of this case as a private soil and paid 8,000 won per vehicle for the transportation of the land of this case. At that time, K agreed with the Plaintiff and the instant land to transport the private land of this case.

On January 14, 2013, the Plaintiff received KRW 3 million from Defendant C’s representative L.

On April 22, 2013, M, an employee of Defendant D, prepared and issued the following certificates (hereinafter referred to as “instant certificates”) to the Plaintiff.

In relation to the "New Construction of the G New Hospital", the excavation and removal of earth and sand in the field shall be deemed possible before and after May 15, 2013 in the present process, and it shall be confirmed.

In addition, the NAN in Daegu Metropolitan City will be the NJ in the field of high quality.

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