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(영문) 창원지방법원진주지원 2014.07.24 2013가단15667
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,00,000,00.

Reasons

1. Basic facts

A. D, E, F, G, and Defendant B constituted an association with the intention of jointly implementing a penta construction and distribution project in the H Il-gun, Nam-gun, Chungcheongnam-do, and the purchase of real estate necessary for the construction of penta, and subsequently entered into an investment agreement on April 16, 2007 and carried out the penta project.

B. After that, on July 27, 2007, the above union members resolved that the Plaintiff shall have the Plaintiff move to the penture in advance to manage the penture complex for the management of the penture complex before completion through its meeting.

Therefore, the pention that the Plaintiff and D (hereinafter referred to as the “Plaintiff”) moved in is a building No. 4 as indicated in the attached Table (hereinafter referred to as the “instant pention”).

C. However, around September 2007, G filed a claim for the settlement of accounts with a view to withdrawing from the said partnership, and D voluntarily received additional loans on or around April 2005, and on February 4, 2009, F voluntarily withdrawn the auction after the commencement of the voluntary auction procedure, and on August 2009, a number of disputes arose in relation to the progress of the said pension project, such as making a resolution to dismiss D from the partnership.

D brought a co-owned property partition lawsuit against F, E, and Defendant B (this Court Decision 2009Gadan9276). In the above case and its appellate court (the Changwon District Court Decision 201Na10796), D rendered a judgment to the effect that members shall be paid KRW 261,00,000 from D and at the same time D’s payment of KRW 261,000,000, and the above judgment was finalized on March 5, 2014 upon dismissal of the final appeal.

E. Meanwhile, on August 29, 2011, the Plaintiff and D filed a provisional injunction against the use of drinking water to the effect that the Defendant B would suspend an act of blocking the use of drinking water, which is supplied to the instant pent, against the Defendant B, and that the Plaintiff and D applied for the injunction against the use of drinking water to discontinue the use of drinking water. The application was accepted on November 15, 201.

(F) D, after the filing of the instant lawsuit, the instant case on April 2, 2014.

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