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(영문) 수원지방법원 2020.05.27 2019가합21999

손해배상(기)

Text

1. The Plaintiff:

A. Defendant C Co., Ltd. shall pay KRW 518,950,000 and its amount from July 19, 2019 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that constructed I, an officetel on the ground, H and one parcel of land, Osan-si (hereinafter “instant officetel”). The Plaintiff is a person who purchased the second floor J of the instant officetel (hereinafter “instant office”).

Defendant C (hereinafter “Defendant C”) is a sales agent of the instant officetel, and the Incorporated Foundation D (the former name is K as an incorporated foundation and the trade name was not separated before and after the change was made) was advertising that the instant officetel would sell the hospital in the instant officetel.

B. Defendant B, Defendant C, and D entered into a sales agency contract on March 16, 2016 (hereinafter “instant sales agency contract”) and Article 16 of the terms and conditions of the relevant special agreement are as follows.

(‘A’, Defendant B, and “B,” submitted to Defendant C, and “B,” the same day, to Defendant C, a letter of contract occupants’ undertaking to undertake hospital occupants on the second floor of the instant officetel (L-M) including the instant commercial building.

Article 16 (Matters of Special Agreement) - This special agreement shall prevail over the above general terms.

(1) “B” is jointly and severally liable between “B” and “B” for damages incurred by a buyer in the event that “B” and “B” are premised on the salesroom occupants of the second floor (L-M) of the subject matter, and that “B” and “B” do not delay or fail to delay the salesroom occupants within three months after the completion of the construction, and the amount of “B” and “B” shall be paid to “A” as damages.

② In the event that a contract is terminated, delayed without completion, or the payment period for the fee is not delayed or paid for at least ten days due to a cause attributable to A at the time of the contract on the subject matter, the damage of “B” and “B” shall be liable for the damage of “A” and “A” shall be liable for the damage of “A” and “A” shall be liable for the damage of “B” and “B”.