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(영문) 청주지방법원 2018.08.22 2016가단114019
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in the construction business, such as windows and steel, with the trade name of “D,” and the E Saemaul Savings Depository (hereinafter “E Saemaul Savings Depository”) is established for the purpose of credit business, etc. on March 5, 2009 by making its business area as a member of the Cheongju-si in accordance with the Community Credit Cooperatives Act for the purpose of credit business, etc.

B. Around May 2012, the Plaintiff received a subcontract from the F Co., Ltd. (hereinafter “F”) for the construction of Jincheon-gun G ground loans (hereinafter “each of the instant loan” and “instant construction”) with the title, glass, etc. as KRW 264.6 million for the construction cost (50% of the value-added tax and the construction cost separately determined to be paid in substitutes) and each of the construction periods from May 2012 to July 2012, the Plaintiff received a subcontract, respectively.

(hereinafter referred to as “instant subcontract”). (c)

On the other hand, F and H (which seems to be the owner of the instant loan, hereinafter “H”) had been actually operated by K, the husband of the H in-house director I and the husband of H in-house director J, both of which were F in-house directors.

On January 7, 2013, the non-party credit cooperative, a creditor of the Plaintiff, H and H, entered into a sales contract with the Plaintiff that part of the construction cost of the instant loan Nos. 102 and 401 (hereinafter “the instant household”) of the instant loan as part of the construction cost under the instant subcontract. The main contents thereof are as follows:

(A) The term “A” refers to H, “B”, and “A” means the Plaintiff, and the term “instant special agreement” among the contents of the sales contract under the following: Article 1 (Indication of Things) of the sales contract for the instant household: The total supply amount of KRW 131,750,000 per day (excluding value-added tax): KRW 131,750,000 per day: there is no substitute construction cost, contract deposit, and intermediate payment: The balance is a contract for the payment of the price for the lump sum, and thus, the “A” and the “B”, the creditor bank, are the real estate stipulated in the contract.

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