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(영문) 대법원 2015.11.17 2015다40067
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Plaintiffs’ claim for damages arising from the Defendants’ violation of the instant trust agreement or the instant trust agreement, on the ground that: (a) Defendant Samsung Heavy Industries Co., Ltd. (hereinafter “Defendant Samsung Heavy Industries”) did not require the Plaintiffs’ consent in exercising the right to request discount sale; (b) Defendant Samsung Heavy Industries Co., Ltd. (hereinafter “Defendant Samsung Heavy Industries”) under Article 15 subparag. 1 of the instant trust agreement agreed to dispose of the instant unsold apartment unit at a price designated by Defendant Samsung Heavy Industries; and (c) it cannot be deemed that the Defendants violated the instant business agreement and the instant trust agreement on discount sale; and (b) it is difficult to conclude that Defendant Asia Co., Ltd entered into the instant discount sale agreement as stipulated in the instant trust agreement and the instant trust agreement, and thus, it cannot be deemed that Defendant Asia’s trust breached its duty to loyalty in the trust law.

Upon examining the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the interpretation of the trust contract of this case and the duty of loyalty under the Trust Act, or there were no errors in the misapprehension of facts beyond the bounds of the principle of

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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