logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.29 2013가합6304
분양대금반환 등
Text

1. The Defendants jointly do so to the Plaintiffs, each of which falls under the “amount of damages” stated in the attached Table of Compensation for Damages.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Section A(1) to 3:

Defendant New Name Comprehensive Construction Co., Ltd. (hereinafter “Defendant New Name Construction”) is a construction contractor and a truster of a new construction project to newly construct and sell B apartment houses (hereinafter “instant apartment houses”) with a scale of 1,002 units on the ground of 33,836.524m2 of the Incheon Metropolitan City, Young-gu Free Economic Zone Young-gu (hereinafter “Yan District”) on the ground of 1,002m2, and the Defendant Korea Land Trust Co., Ltd. (hereinafter “Defendant Land Trust”) is a trustee entrusted with the execution of the instant apartment sales business, fund management, administrative affairs, etc. from Defendant New Name Construction.

B. The Plaintiffs concluded a sales contract with the Defendant’s land trust on the date of conclusion of the sales contract in the attached Table of damages table with the content that each apartment unit indicated in the “sale price” column of the same Table among the apartment units in this case is to be sold to each unit of money as stated in the same Table.

2. Determination as to the plaintiffs' claims

A. Establishment of liability for damages caused by false or exaggerated advertisements 1) Fair Labeling and Advertising Act (hereinafter “Indication and Advertising Act”).

(2) Article 3(1)1 of the Act refers to an advertisement that is likely to deceive or mislead consumers by making an advertisement different from the fact or excessively unfasible to facts, and that is likely to undermine fair trade order. Whether an advertisement is likely to deceive or mislead consumers, or that is likely to mislead consumers, should be objectively determined on the basis of the overall extreme increase that general consumers with ordinary caution receive the advertisement in question (see Supreme Court Decisions 2002Du6965, Jun. 27, 2003; 2009Da67979, Aug. 26, 2010; 2009Da6979, Aug. 26, 2010);

arrow