beta
(영문) 부산지방법원 2015.11.27 2014가단206484

손해배상(기)

Text

1. The Defendants’ respective Plaintiff KRW 69,392,60, and 5% per annum from February 15, 2006 to September 21, 2015.

Reasons

1. Facts of recognition;

A. The Defendants are officers and employees of G Co., Ltd., a planning real estate company located in the fourth floor of the Gangnam-gu Seoul Metropolitan Government F building.

B. From September 2005 to January 2006, the Defendants made a false statement with regard to the development outlook, etc. of each of the instant real estate owned by the said company (297 square meters ofH forests and fields, 33/912 equity shares of 912 square meters of I forest and fields, 291 square meters of J forest and field, 3,078 square meters of K forest and fields, and 40/3,078 equity shares of 3,078 square meters of K forest and fields), and solicited the Plaintiff to purchase the pertinent real estate. As a result, the sales contract was concluded between the said company and the Plaintiff, and received KRW 80,325,000 in total from the Plaintiff during the period from January 13, 2006 to February 14, 2006.

C. Defendant C, D, and E were indicted by the prosecution and became final and conclusive by the court on the ground that they jointly committed fraud against the Plaintiff.

[In Busan District Court Decision 2013Da21 (Separation), 2013Ma351 (Consolidated) decided February 6, 2014, and Supreme Court Decision 2013 Godan21-1 (Separation) Decided September 25, 2014] D.

In return for the above sales contract, the Plaintiff completed the registration of ownership transfer for each real estate of this case from the above company around February 13, 2006 and March 20, 2006, and the total market price of each real estate of this case is KRW 10,932,400 (as of February 14, 2006).

[Based on recognition] Against Defendant B: Each entry in Gap evidence Nos. 1 and 11 of the Civil Procedure Act (including a Serial number), the result of requesting the market price appraisal of appraiser M with the appraiser M, the purport of the entire pleadings as to the remaining Defendants of confession under Article 150 of the Civil Procedure Act

2. According to the above facts of recognition, as joint tortfeasor (Article 760 of the Civil Act), the Defendants are jointly and severally liable to pay the Plaintiff damages amounting to KRW 69,392,60 (=80,325,000, total market price at the time of the tort of each of the instant real estate - KRW 10,932,40) and damages for delay.

3. In conclusion, the Defendants jointly concluded the purchase price of KRW 69,392,60 and the Plaintiff’s final payment as sought by the Plaintiff.