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(영문) 서울중앙지방법원 2014.04.16 2013가합62495

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff’s promotion process for the new apartment construction project

D Co., Ltd. (hereinafter “D”) on June 2004 when promoting the business of newly building and selling them by means of pre-sale after pre-sale.

(2) On November 2004, the Plaintiff entered into a housing sale guarantee contract with the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) to conclude a trust contract for the apartment of this case and its site, etc., as well as to set the guarantee amount as 31,384,50,000 won and the guarantee amount as the guarantee amount in the event that the Plaintiff becomes unable to carry out the sales contract due to a guarantee accident by designating the guarantee creditor as the prospective occupants, to bear the responsibility for the performance of the housing sale or the refund of the paid occupancy deposit.

3) When E, the representative director of the Plaintiff, was under financial pressure due to low performance of the apartment of this case, it was on behalf of the Plaintiff, through F, a broker around May 2005, to sell the apartment of this case at KRW 122,480,00 at the discount of KRW 70,000,00, which was the initial sale price of this case, to G around 122,480,000, which was at the discount of KRW 1403, May 9, 2005, it was paid KRW 70,000 from G as the sale price of this case at KRW 1403, and on July 16, 2005, it completed the registration of ownership transfer for each of the newly constructed apartment of this case at around 30,00,00 among the sale price of this case and received KRW 70,00,000 from G around July 16, 2006.

B. 1 G during the period of continuous approval of the Plaintiff’s corporate identification card shall be E around 2007.