손해배상(기)
1. The Defendants jointly share KRW 406,601,225 to the Plaintiff and to Defendant B from June 4, 2015.
1. Basic facts
A. 1) The Plaintiff is the Plaintiff’s party status 1) Sejong Special Self-Governing City F commercial buildings (hereinafter “instant commercial buildings”).
3) The first floor G heading (hereinafter “instant real estate”)
(2) The Defendant Company B (hereinafter “Defendant Company”) is the party to purchase the shares.
(2) Defendant E is the representative director of H who entered into a sales agency service contract (hereinafter “instant sales agency service contract”) with the Defendant Company, and Defendant C and D are the employees of H, who take charge of the sales of the instant commercial building.
B. Upon entering into the instant sales contract, Defendant C, D, and E explained to the Plaintiff that the salesroom occupants of the IF store in the instant real estate were confirmed, and that they would allow the Plaintiff to use the IF store 2.5 square meters for the purpose of storage, and prepared a confirmation document with such contents. On December 23, 2014, the Plaintiff concluded the instant sales contract for real estate (hereinafter “instant sales contract”) with the Defendant Company at KRW 677,668,707, the sales price of which is KRW 677,68,707.
(2) According to the instant sales contract, the Plaintiff paid KRW 406,601,225 to the Defendant Company several times between December 23, 2014 and June 4, 2015.
3) On the other hand, the salesroom occupants of convenience stores explained by the above Defendants to the Plaintiff did not have been established after the conclusion of the instant sales contract. C. The relevant criminal judgment, Defendant E, and Defendant C did not have any intention or ability to make the Plaintiff use of the instant real estate exclusively, and they did not make such false statement to the Plaintiff even though they did not have the intent or ability to have the Plaintiff exclusively use the instant real estate, and they did so, which caused the Plaintiff to pay KRW 406,601,225 to the Defendant Company for the purpose of the sales contract and the intermediate payment, was convicted of fraud at the Daegu District Court on September 27, 2018 (Defendant E was sentenced to imprisonment for 8 months, and Defendant C was sentenced to imprisonment for one year).