beta
(영문) 수원지방법원 2019.03.27 2017가단536605

손해배상(기)

Text

1. The Defendant’s KRW 39,91,684 as well as the Plaintiff’s annual rate from January 30, 2019 to March 27, 2019.

Reasons

1. Facts of recognition;

A. C filed a lawsuit against the Plaintiff and D seeking damages (hereinafter “instant lawsuit”) at the Gwangju High Court (Seoul High Court) 2014Na3073, Jun. 2, 2016, the said court rendered a judgment on June 2, 2016 that “The Plaintiff and D jointly pay to C 173,501,052 won and the amount equivalent to 5% per annum from March 18, 2014 to June 2, 2016, and 20% per annum from the next day to the day of complete payment” (hereinafter the instant judgment).

Although both appeals were filed by the Supreme Court on September 9, 2016, the Supreme Court rendered a judgment of rejection of trial proceedings on September 2016, which became final and conclusive on September 20, 2016.

B. The summary of the instant judgment is as follows.

1) D operated auction consulting business, such as consultation and consultation on real estate auction, analysis of rights, bidding representation, etc., and allowed the Plaintiff to engage in the said auction consulting business. 2) C participated in the former District Court's H voluntarily auction procedure (hereinafter referred to as the "Voluntary Auction procedure") related to building 2nd floor F or G (hereinafter referred to as the "instant commercial building") in Gunsan-si, Gunsan-si, Gunsan-si, Gunsan-si, which is an aggregate building, and became aware of the Plaintiff and its office among them.

3) On January 14, 2008, the instant voluntary auction procedure continued to be failed until March 5, 2012 from the date of the first sale, which was held on March 5, 2012, from the date of the fourth sale, which was held on April 9, 2012, the minimum sale price was set at KRW 660,275,00. C participated on the date of the fifth sale which was held on April 9, 2012. C participated in the bid, and C’s fixed date bid statement was prepared and submitted by the Plaintiff on behalf of the Plaintiff. The fixed date bid list is required to state the bid price and the guaranteed amount. The Plaintiff erroneously stated the bid price amount in the bid amount amount amount amount amount in KRW 830,00,00,000, instead of stating it in the bid amount amount amount amount in KRW 830,000,000 (minimum sale price).

3.2