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(영문) 서울중앙지방법원 2018.05.01 2017나73114

손해배상(기)

Text

1. The plaintiff's appeal is all 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.

Reasons

1. Basic facts

A. D operated the Gangnam-gu Seoul E hotel (hereinafter “instant hotel”).

B. F entered into an membership agreement with D on the sports center in the instant hotel (hereinafter “instant sports center”).

After that, around March 2008, the Plaintiff purchased membership rights from F for KRW 16,00,000 under the above membership agreement and used the instant sports center. During that process, the Plaintiff was approved as a member of D’s sports center.

C. Meanwhile, on May 9, 2016, G and H Co., Ltd. jointly entrusted the instant hotel and its site entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the instant hotel and its site (hereinafter “instant sales contract”).

Defendant C (hereinafter “Defendant C”) succeeded to the buyer’s status under the instant sales contract from Defendant B around June 2016.

[Grounds for recognition] The descriptions of Gap evidence 1 to 4, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On September 23, 2016, the Plaintiff’s assertion 1, D, the hotel operator of the instant case, notified the Plaintiff that it cannot use the sports center from September 30, 2016, and the Plaintiff was unable to use the sports center from October 1, 2016.

The Defendants purchased the hotel of this case in the above public auction procedure, and succeeded to the status of the party to the membership agreement of the sports center of this case from D, and did not give the Plaintiff, a member of the sports center of this case, an opportunity to negotiate on the sales of the hotel of this case or to file a civil petition for damages incurred by the closure of the sports center of this case.

Due to the above mistake by the defendants, the plaintiff is equivalent to 16,00,000 won of the above purchase price for membership of the sports center of this case.