(영문) 부산지방법원 동부지원 2018.11.29 2016가단19109

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(영문) 부산지방법원 동부지원 2018.11.29 2016가단19109

비닐하우스인도 등

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1. The plaintiff's successor's application for intervention shall be dismissed.

2. All of the plaintiff's claims are dismissed.

3. The costs of the lawsuit;

Reasons

1. Basic facts

A. On March 29, 2007, the Defendant and F entered into a contract for sale in lots (hereinafter “instant contract for sale in lots”) with the Plaintiff for the return of the sale price and the claim for damages against the Plaintiff. (i) G, H, and I were the persons executing the construction of the K Cream Complex in Busan District JJ department, and the Plaintiff was the company that constructed the said flower complex. On March 29, 2007, the Defendant entered into a contract for sale in lots with the Plaintiff for the plastic greenhouse of L (hereinafter “instant plastic greenhouse”).

The dispute arises between the plaintiff, G, etc., and the defendant and the F, who are the buyers of the vinyl Complex construction work and the plastic house sales contract with the plaintiff, G, etc., and the defendant and F, filed a lawsuit against the plaintiff, G, etc. to seek return of the sales price and compensation for damages paid by the cancellation of the sales contract of the plastic House, as Busan District Court 2008Gahap4394, and the plaintiff filed a lawsuit to seek the unpaid sales price, etc. as Busan District Court 2008Gahap12142 (Counterclaim).

(1) On September 11, 2009, the above court accepted part of the main claim and dismissed the counterclaim, and "(1), the plaintiff and the defendant(40,835,447 won (3,615,685,447 won)" and "(4,685,447 won out of the sale price of 40,835,447 won and the above 40,685,447 won among the plaintiff and each of the above 40,835,447 won, ② The plaintiff and the plaintiff are 50,685,47 won (46,685,447 won of sales loss amount of 46,685,447 won) and G did not pay the above 40,685,447 won among the above 50,647 won and each of the above amounts to the above 40,685,447 won until September 27, 2009."

(hereinafter referred to as the “previous Judgment”). After the above judgment becomes final and conclusive, the defendant and F shall have the business loss amount of KRW 4,685,447 out of the judgment in favor of the defendant and F shall be paid from G, etc., and the plaintiff shall be paid.

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