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(영문) 서울중앙지방법원 2017.11.15 2017나23072

손해배상(기)

Text

1. The plaintiff's appeal against the defendants and the claims extended by this court are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On June 5, 2012, the joint Defendant Korea Asset Trust Co., Ltd. (hereinafter “trustee”) in the first instance trial, the industrial development (only the truster and beneficiary; hereinafter “Defendant’s industrial development”) against the Defendant Co., Ltd., and the Defendant Mine Comprehensive Construction Co., Ltd. (only the Defendant Mine Comprehensive Construction Co., Ltd. (hereinafter “Defendant Mine Comprehensive Construction”) changed the name of “C hotel” (hereinafter “D hotel” at the time of approval for use; hereinafter “instant hotel”) on the ground of the B large scale 2,902 square meters on the ground of June 5, 2012, the name of “C hotel” was changed to the name of “C hotel” (hereinafter “D hotel at the time of approval for use”) to carry out the sale of the instant hotel as a sales agent of the instant hotel, and the IMD Co., Ltd., Ltd. in the first instance trial, Co., Ltd. (hereinafter “this case’s hotel”).

B. On August 29, 2014, the Plaintiff, an employee of the Korea M&D, entered into each of the instant sales contracts (hereinafter “instant sales contract”) on September 12, 2014 with respect to No. 603 of the hotel as to the instant case’s No. 604 with Korea Asset Trust (trustee and seller), Defendant Mine Comprehensive Construction (Contractor), and Defendant Industrial Development (trustee), and on September 12, 2014. The relevant contents of the instant sales contract are as follows.

Total supply amount: 174,300,000 won (units: 174,30,145,000 won) 1 (15%) (15%) at the time of the payment period and rate of Do gold (10%) 20 April 20, 2014 at the time of the contract for the contract (10%) 17,30,430,145,000 won (units) 17,430,430,430,145,000,26,145,000,007, 430,609, 607, 207, 2000, 207, 2000, 700, 2006, 200, 70, 200, 70, 2060, 206, 15, 206, 206 (hereinafter the same).

B Upon filing an application for an intermediate payment loan, A in the Loan Bank at the agreed intermediate payment date.