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(영문) 인천지방법원 2015.01.22 2013가합7789

손해배상(기)

Text

1. The Plaintiff, Defendant E, and Defendant C and D, respectively, shall be KRW 147,00,000 and KRW 147,00,000 among the above amounts per each of Defendant E and each of them.

Reasons

1. The plaintiff asserts as follows. A. The plaintiff asserts as follows.

Defendant C is a person who operated a entertainment business in Nam-gu Incheon Metropolitan City H, and Defendant D is the head of the business of the above entertainment business. Defendant G is a person who actually operated the J real estate in Nam-gu Incheon Metropolitan City, even though it is not a licensed real estate agent. Defendant F is a licensed real estate agent who worked in the above J real estate along with Defendant G, and Defendant Seoul Guarantee Insurance Co., Ltd concluded a guarantee insurance contract with Defendant F with the content of the guarantee of a real estate broker’s business guarantee under the Licensed Real Estate Agents Act.

B. As to Defendant C and D’s purchase and sale of so-called “Manpo Car,” in collusion with Defendant E to possess the delegated documents and seal imprints in Defendant E’s name, Defendant C and D obtained all the authority pertaining to the transfer of the right to the instant building (hereinafter “the instant building”), Defendant C and D were the actual lessee of the instant building, and Defendant C and D were delegated with all the authority regarding the transfer of the right to the instant building, and they were obtained from the Plaintiff as the premium for the instant building, and acquired KRW 150,000,000 in total as the premium for the instant building.

Therefore, the above Defendants are jointly and severally liable to compensate the Plaintiff for damages caused by joint tort.

C. Defendant C made a false statement to the Plaintiff that he would take over the instant singing if he did not intend to take over the “Momans” in the Yeonsu-gu Incheon L (hereinafter the “instant singing room”), and that he received a total of KRW 89,797,000 from the Plaintiff as the cost of taking over the instant singing room, such as the deposit money, etc.

Therefore, Defendant C is liable to compensate the Plaintiff for damages caused by the tort.

2. Determination on the claim for damages caused by joint tort against the Defendants

A. Each description of the facts of recognition Nos. 2, 4, 5, and 6, and the purport of the entire pleadings as a result of fact inquiry to the Incheon District Court of this Court.

참조조문