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(영문) 서울남부지방법원 2015.04.10 2013가합2543
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 1995, the Plaintiff Incorporated Foundation A (hereinafter “instant Incorporated”) was a non-profit incorporated foundation established for the purpose of establishing and operating a medical institution (hereinafter “instant incorporated foundation”) prior to the parties’ lawsuit, the Plaintiff started the construction of a hospital (hereinafter “instant hospital”) listed in the attached list, which is a medical institution, in the Guro-gu Seoul Metropolitan Government D land (hereinafter “instant construction”). The said land and hospital (hereinafter “instant site”).

The defendant is a company that aims at building business, etc.

B. After the process of the construction of the instant foundation, around 1995, the instant foundation entered into a contract for construction of the instant hospital with the initial company, and around that time, the construction began, but the instant foundation did not pay the initial construction cost, etc., and the construction was suspended around 198.

On November 30, 2005, the Foundation entered into a new contract for the instant hospital construction again with the Dog Integrated Construction Co., Ltd. (hereinafter “Dog Integrated Construction”), and the Dog Integrated Construction began from December 2005, but ceased construction around March 2006.

On February 12, 2008, the Foundation of this case concluded a contract for new construction of the hospital of this case with the Defendant again, and the Defendant commenced construction from April 2008, but suspended construction around October 2008.

On August 27, 2009, the Foundation of this case concluded a contract for the construction of Rotos Integrated Construction Co., Ltd. and the new construction of the instant hospital.

C. On April 13, 2010, the integrated forest construction for the comprehensive forest construction was obstructed by entering the instant site under the pretext of exercising the right of retention, and the construction was obstructed by preventing the entry of the employees of the instant foundation, after installing a container stuff.

Accordingly, the Foundation of this case is about the forest integrated construction as Seoul Southern District Court 2010Kahap247 on June 4, 2010.

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