손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 1, 2008, the Plaintiff planned the construction of dangerous substance storage facilities and offices (hereinafter collectively referred to as “instant facilities”). On June 11, 2008, the Defendant, who was operating the D Surveying Office, planned the construction of new facilities and offices (hereinafter referred to as “this case’s facilities”). On June 11, 2008, he paid KRW 23 million to the representative F of E Co., Ltd. and received a written consent for the use of the said facilities (hereinafter “written consent for the use of this case”).
B. Meanwhile, in order to obtain permission related to the construction of the instant facilities, the owner of the land (F, G, H, I, and hereinafter “the owner of the instant land”) who had already obtained permission to occupy and use the land adjacent to the instant facilities shall obtain a written consent to use the land. However, the Plaintiff did not obtain a written consent to use from the Plaintiff.
(Ground for recognition: Facts without dispute, entry of Gap evidence 1, partial testimony of witness F, the purport of the whole pleadings
2. Determination:
A. The gist of the Plaintiff’s assertion is to pay the Defendant and the Defendant the expenses incurred in granting the permission to occupy and use the road necessary for the construction of the instant facilities and the authorization and permission business, and the Defendant entered into a delegation agreement which includes a delegation agreement with the Defendant to receive both written consent for use from the instant owners. At the time, the Defendant cannot obtain written consent for use from I, but at the time, received the written consent for use of the instant facilities by paying KRW 2.3 million.
After all, the defendant was unable to properly perform the draft of the written consent to use under the above delegation contract, and caused the plaintiff to pay 2.3 million won to the plaintiff. Thus, the defendant is obligated to pay 2.3 million won to the plaintiff for the damages incurred thereby.
B. First of all, the judgment on the Plaintiff’s assertion is given, the Defendant’s consent to use of the instant owner was accepted by both the Defendant, or the Defendant was from I.