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(영문) 서울고등법원 2018.10.25 2017나2048162

손해배상 등 청구의 소

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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On June 3, 2014, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with respect to the sales price of Hhoho and I (hereinafter “each commercial building of this case”) among the second floor of the building on the land owned by the Defendant Company F in Seocheon-si and the second floor of the building on the land owned by the Defendant Company (hereinafter “second floor of the building of this case”).

(hereinafter “each sales contract of this case”). B.

As part of the down payment and intermediate payment under each of the instant sales contracts, the Plaintiff paid the Defendant Company KRW 20 million on June 4, 2014, KRW 180 million on June 5, 2014, KRW 400 million on June 27, 2014, and KRW 200 million on June 27, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap 5, 6, 7 evidence (including branch numbers, if any; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Defendant D, the actual operator of the Defendant Company’s assertion, was aware of the fact that the plan to operate the English experience village on the second floor of the instant building was nonexistent at the time of each of the instant sales contracts. However, Defendant D, the actual operator of each of the instant commercial buildings, by deceiving the Plaintiff that “The J would operate the English experience village on the second floor of the instant building for the next ten years, so if each of the instant commercial buildings was sold in lots, it may obtain a lease benefit of 8.01% on an average of 8.01% for the next ten years from August 2014, thereby causing the Plaintiff to incur damages equivalent to the same amount by having the Plaintiff enter into each of the instant sales contracts with the Defendant Company and pay 400 million won to the Defendant Company.

Since Defendant D’s above act constitutes a tort, pursuant to Article 750 of the Civil Act, Defendant D is liable for compensating the Plaintiff for damages incurred by the Plaintiff jointly pursuant to Article 35(1) or 756(1) of the Civil Act. The amount of KRW 400 million deposited on August 21, 2017 by E, a joint tortfeasor, shall be 5% per annum from the date of payment of KRW 166,906,749 until April 15, 2015, and from April 16, 2015 to September 2015. < Amended by Act No. 13508, Sep. 21, 2015>