손해배상 청구의 소
1. Defendant B’s share of KRW 330,00,000 and the interest rate of KRW 15 percent per annum from March 23, 2016 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff, around December 2010, paid D the premium of KRW 115 million to D, and operated a karaoke machine located in Yangcheon-gu Seoul Metropolitan Government E branch (hereinafter “instant karaoke machine”) by acquiring D’s right to the karaoke machine located in Yangcheon-gu Seoul E branch (hereinafter “instant karaoke machine”).
B. On October 7, 2013, the Plaintiff asserted that he is a F’s agent, concluded a contract with Defendant B to exchange “the Plaintiff’s right to the instant singing practice room,” and “the Plaintiff’s ownership and additional exchange price of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)” (hereinafter “instant contract”).
C. On October 7, 2013 under the instant contract, the Plaintiff transferred to Defendant B all rights, such as a lease deposit, with respect to the instant singing practice room. On October 18, 201, the Plaintiff paid KRW 30 million to Defendant B and KRW 10 million respectively.
In addition, on December 12, 2013, the Plaintiff completed the registration of transfer of ownership with respect to the forest of this case on the 11st day of the same month to J.
However, F did not delegate the right of representation to Defendant B regarding the instant contract, and the Plaintiff did not have been transferred the right to the instant golf practice range from F.
[Grounds for recognition] The descriptions of Gap 1, 2, 4, and 10, and the purport of the whole pleadings
2. Assertion and determination
A. The gist of the Plaintiff’s assertion is that the Plaintiff entered into the instant contract with F on the part of the Defendants who were delegated the power of representation from F. Accordingly, the Plaintiff suffered property damage equivalent to KRW 330 million in total, by losing the lease deposit, premium, ownership of the instant forest land, etc. with respect to the instant singing practice room, and by additionally granting money.
Therefore, the defendants, the joint tortfeasor, are jointly and severally liable to the plaintiff for the above KRW 30 million and damages for delay.