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(영문) 서울고등법원 2015.05.07 2014나2044121

손해배상(기) 등

Text

1. The plaintiff's appeal against the defendants and the appeal against the plaintiff by the defendant Lee Jae-a corporation is all filed.

Reasons

1. Basic facts

A. Defendant Snomad Co., Ltd. (hereinafter “Defendant Snomad”) is a company promoting the improvement project (hereinafter “instant project”) as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from around 2011 to B in Yeongdeungpo-gu Seoul Metropolitan Government.

On December 23, 2011, Defendant Symar delegated the purchase of land, etc. necessary for the implementation of the instant project to Defendant Empia Co., Ltd. (hereinafter “Defendant Empia”).

B. On December 29, 2011, the Defendants entered into a service contract (hereinafter “instant contract”) with six owners of the land, etc. in the instant project zone including the Plaintiff (Plaintiffs, I, J, E, D, and C) (hereinafter “instant contract”).

Meanwhile, six owners of the land, etc. in the instant project zone, including the Plaintiff, were the head of the team and entered into a separate service contract with each assistant (which refers to the "members of the subordinate organization" under Articles 3(4) and 6 of the instant contract, and is disadvantageous to the head of the office). On February 9, 2012, the Plaintiff entered into a separate service contract with K with the content similar to the instant contract.

The plaintiff who has concluded a contract for the purchase of land, etc. following the implementation of the urban improvement project by the defendant Snomad project, intends to perform the purchasing services with the defendant Snomad and the purchase services shall enter into the service contract as follows and faithfully perform this contract in good faith:

Article 1 (Purpose and Confirmation Contents) The purpose of this Agreement is to:

1. The plaintiff sufficiently confirms and accepts the terms and conditions of the contract with the defendant Damar on the purchase, etc. of the land, etc. located in Yeongdeungpo-gu Seoul Metropolitan Government B (hereinafter "subject area") to implement an urban improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Etc., (hereinafter "service work").