손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added a judgment on the assertion that the plaintiff emphasizes or added to this court under paragraph (2) below. Thus, it is acceptable to accept it as it is in accordance
2. Additional determination
A. The summary of the Plaintiff’s assertion 1: (a) the Defendant had a sales agent or its employees deal with the sales affairs; (b) the sales agent or its employees had the Plaintiff enter the association only on the ground of “one block” on the ground; and (c) the commercial store was not located.
Accordingly, the Plaintiff was awarded a successful bid of the instant land by taking out the 537,520,000 won or a higher bid price (total of KRW 2,163,00,000) compared to the internal price (total of KRW 1,625,480,00) of the instant land, considering that the prospect of the commercial building to be newly built on the instant land is revealed.
However, in the 1 block ground building, not only D partnerships but also other commercial stores have been located. Accordingly, the plaintiff suffered damages equivalent to the above 537,520,000 won, and the defendant is liable for the plaintiff's damages caused by the deception by the employees of the sales agency.
2) The Plaintiff entered into a lease agreement with a lessee with one of the first floor stores of the 2-2 block ground buildings. If convenience stores in the 1st floor of the 2-2 block unit are first sold in the 1st block building, the Plaintiff’s convenience stores in the 2-2 block unit located within 50 meters from the 50th building cannot be permitted for tobacco sales, and if so, it is difficult for the Plaintiff to maintain the said lease agreement, the Plaintiff leased another shop adjacent to the 1 block to the 1st unit and arranged to permit tobacco sales in the 1st unit.
The amount equivalent to the rent for the above tobacco sales store borne by the Plaintiff is also caused by the deception by the employees of the defendant or the sales agency.