beta
Text
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 7, 2007, the Housing Reconstruction Project Association (hereinafter “Rebuilding Association”) was authorized to implement the housing reconstruction project that newly constructs 12 households and neighborhood living facilities of the size of 20 floors underground floors after removing 2 units of the said E apartment complex from the head of the Daegu Metropolitan City Suwon-gu head of the Gu on December 7, 2007.
B. On January 14, 2008, the Plaintiff delivered KRW 100 million to Defendant B with respect to the instant business, and received a certificate of loan borrowed in the name of Defendant B and Defendant C, a joint and several surety, stating that the date of repayment of the loan will be determined as of January 13, 2009, and that “the Plaintiff, as of January 13, 2009, promises to lose the benefit of time at the time of the failure to implement the reconstruction project promoted by the single borrower and to receive a claim for the return of the principal and interest at once.”
C. On June 21, 2008, the Plaintiff concluded a construction contract on the instant project with a reconstruction association.
After that, a reconstruction association filed a lawsuit against its members on the Daegu District Court 2007da11770, which became final and conclusive on the ground that the consent of the establishment of the association was null and void. This appeal was dismissed on March 18, 2009.
E. On June 25, 2009, the Plaintiff filed an application for corporate rehabilitation, and the reconstruction association notified the Plaintiff of the termination of the construction contract on the ground of the Plaintiff’s non-performance of the contract on June 29, 201 and July 29, 2011. Accordingly, the Plaintiff demanded damages against the reconstruction association regarding the construction contract on August 10, 201, and the said construction contract between the Plaintiff and the reconstruction association was terminated at that time.
F. After that, the reconstruction association, on June 15, 2012, selected the Commercialization Industry Co., Ltd. as a contractor, and the head of the Daegu Metropolitan City head of the Gu on July 20, 2016.