beta
(영문) 서울중앙지방법원 2015.11.13 2013가합77565

손해배상(기)

Text

1. The Defendants jointly committed against the Plaintiff KRW 2,117,821,141 and KRW 1,00,000 among them, from November 5, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company that newly constructs and owns a hotel on the ground of Dongdaemun-gu Seoul Metropolitan Government D (hereinafter “instant hotel”).

The defendant A Co., Ltd. (hereinafter referred to as the "Defendant A") is a Korean corporation of the E Co., Ltd. (hereinafter referred to as the "E main company"), the defendant B Co., Ltd. (hereinafter referred to as the "Defendant B") and the defendant C Co., Ltd. (hereinafter referred to as the "Defendant C") as an affiliated company of the E main company, and is a Korean corporation in charge of the development of E hotel operated by the E main company and the defendant A through the conclusion of long-term lease agreements with respect to the hotel operated by the defendant A and the design building equipment of the new building.

B. On August 18, 201, the Plaintiff initially planned to construct a 6th underground floor and a 15th unique class 2 tourist hotel on the ground, and obtained a building permit from the head of Dongdaemun-gu, with the size of 6th underground floor, 20th ground, guest rooms 238 square meters, total floor area of 11,76.44 square meters, and then started construction of the instant hotel (hereinafter “instant construction”) around October 4, 2012.

C. The Plaintiff, from Defendant A, proposed that “If the instant hotel is newly constructed as a small hotel suitable for the cultivation of the E hotel, Defendant A would rent it for a long time and operate it as E business hotel G store.” From August 2012, the Plaintiff, as well as inside directors of Defendant A and Defendant B as of August 2012, concluded negotiations to enter into a long-term lease contract with the Defendants (hereinafter “instant contract negotiations”).

Defendant A and Defendant B, on August 2012, requesting that I (hereinafter referred to as “I”) modify the design of the hotel of this case, and the number of guest rooms of the hotel of this case from 238 to 391, are small business hotel.