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(영문) 광주지방법원 2017.08.23 2016가단524444

손해배상(기)

Text

1. The Plaintiff:

A. Defendants are jointly and severally liable for KRW 90 million and Defendant B with respect thereto from October 15, 2016.

Reasons

1. Facts of recognition;

A. On July 17, 2013, the Plaintiff entered into a sales contract and paid the price, etc. (i) the Plaintiff is a broker of the Defendants, thereby doing so only as L&D Development Co., Ltd. (hereinafter “N&D”).

(3) In addition, the Ftel Nos. 311 and 502 (hereinafter “each of the instant officetels”) located on the land of Seo-gu and Seo-gu, Gwangju.

(2) The Defendants concluded a contract for sale at a discount of KRW 45 million with respect to each of the above contracts for sale in lots and explained to the Plaintiff that each of the above contracts for sale in lots is managed by the trust company, but the Plaintiff may receive a trust certificate for each of the above contracts for sale in lots immediately upon entering into a contract for sale in lots with AWnD.

3. The plaintiff shall pay a total of KRW 90 million at a discount on the date of conclusion of the above sales contract, and the following year as the next day.

7. 18. Defendant B paid 2 million won as a brokerage commission.

B. 1) On September 16, 2013, when the issuance of a trust certificate promised by the Defendants was omitted, the Defendants issued to the Plaintiff a written confirmation confirming that “I will expect occupancy by the end of December, 2013 on the present schedule of work, and allow them to move into at the time of completion,” at the Plaintiff’s request. 2) On September 17, 2013, the Defendants sent to the Plaintiff a document stating their contents as follows (hereinafter “instant joint and several sureties”).

The above three persons shall be held jointly and severally liable for this content when they fail to fulfill the contents of the authorized certificate.

Provided, That when the sale is requested to be more than the purchase price, it shall be immediately sold, and the joint and several sureties liability shall be extinguished.

C. 1) Each of the instant officetels is unable to execute the sales contract. The instant officetels is an international asset trust company (hereinafter “international asset trust”) prior to the conclusion of the sales contract.

As a trust is scheduled, the international asset trust is scheduled.