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(영문) 서울중앙지방법원 2015.05.15 2014가합510793

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The construction of EST Co., Ltd. (hereinafter “SA”) is an executor of the new construction and sale business of the instant shopping mall (hereinafter “instant shopping mall”) on the land outside Mapo-gu Seoul and eight lots, and a corporation A Co., Ltd. (hereinafter “A” and a decision of commencement of rehabilitation was rendered on May 27, 2014, as seen thereafter) is the starting construction of the said business.

B. From 2005 to 2007, SA entered into a sales contract with the buyers of the stores in the instant commercial building (hereinafter “instant sales contract”) and received the sales price and development cost from the buyers, and the commercial building in this case started business around December 2007 and around April 2008. < Amended by Presidential Decree No. 20190, Apr. 2, 2008>

Article 1 (Establishment of Contract) In supplying the store of the commercial building of this case, STA, the seller, the buyer, and A, the contractor, shall enter into a sales contract as follows:

Article 5 (Development Expenses) (1) A purchaser shall pay the development expenses in the deposit account referred to in paragraph (3) in addition to the sale price referred to in Article 2, in accordance with the payment schedule, and Article 4 shall apply mutatis mutandis where he/she fails to pay it by the fixed deadline

2. Matters related to the development costs under this Article are agreements for the activation of commercial buildings entered into between the STA and the purchaser, separate from the sales contract in this section, and shall be jointly managed by the STA and the purchaser, and shall be executed by the STA as specified in paragraph 4.

(3) The amount to be paid for development costs and the payment deadline shall be the same as the development cost and the payment schedule for the back, and the payment account shall be as follows:

Bank name: A Bank name: E, Account Number: SA, and 4 SA shall spend the development costs paid by the purchaser to cover the expenses required for the revitalization of the entire commercial buildings (such as public interior, opening preparation and events, operation, CF production, TV, newspaper advertising, private events, external wall advertising, car-spathing, production, etc.) and shall not claim any additional expenses from the purchaser later.

Article 24 (Other Matters) (1) of the commercial building of this case