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(영문) 대전지방법원서산지원 2016.01.21 2015가합310
구상금 등
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. The building indicated in Paragraph 3 of the attached Table No. 3 of June 4, 2012 (hereinafter “instant telecom”). D

2) Each land listed in the separate sheet No. 1 and No. 2 of April 29, 2013 (hereinafter referred to as “instant site”) shall be awarded a successful bid for the instant franchise in the procedure of compulsory auction (Scasan Branch District Court Seosan support E) with respect to the compulsory auction (Scasan Branch

(2) On July 22, 2013, D purchased each name and completed the registration of transfer of ownership under its own name. (2) On the part of Defendant B Co., Ltd. (hereinafter “Defendant B”), D concluded a contract for the instant franchise remodeling and finishing construction (hereinafter “instant construction”) with the construction cost of KRW 520 million (excluding value-added tax) and the construction period from July 25, 2013 to October 10, 2013.

3) Defendant B, while continuing the instant construction, discontinued on October 25, 2013. At the time, Defendant B agreed to receive payment of the unpaid construction cost for the cathoty between F and F representing D. B. (B) D, on April 29, 2013, borrowed from the Plaintiff (the de facto lender is the Plaintiff’s husband), the amount of the loan for the cathoty construction project, etc., and completed the registration of creation of a mortgage over the instant cathoty and the instant cathoty site with respect to the instant cathoty and the instant cathoty site, on February 4, 2014, upon the Plaintiff’s application, the voluntary auction procedure for the instant cathoty and the instant cathoty site (the Daejeon District Court Branch H, H, and hereinafter “instant auction procedure”). The registration of the commencement of the auction procedure was completed on the same day.

On April 29, 2014, 2014, 1 limited liability companies I reported the right of retention by asserting that the above auction court did not receive KRW 635.7 million out of the construction cost of KRW 175.7 million. Defendant B, on May 1, 2014, performed the interior interior interior interior interior interior interior interior remodeling work with respect to the instant cartel in the above auction court, and even if the construction cost is KRW 6.5 billion, 4 billion out of the construction cost.

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