logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.23 2016가단539942
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B and C are the owners of F, G land and ground buildings in the city of Jinju to their husband and wife, and Defendant C operated the telecom from May 7, 2016 to H’s trade name with the trade name “H” (hereinafter “instant telecom”).

B. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company whose purpose is real estate brokerage business, etc., and Defendant E is a licensed real estate agent affiliated with Defendant E.

C. On June 12, 2016, the Plaintiff entered into a lease agreement with Defendant B and C as the broker of Defendant E, with a deposit of KRW 500,000,000, monthly rent of KRW 15,000 (hereinafter “instant lease agreement”) and started the instant franchise business from June 25, 2016.

On July 30, 2016, the Plaintiff discontinued the instant franchise business. Around September 22, 2016, the Plaintiff agreed to the instant lease agreement with Defendant B and C.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1, 1, 2, and 6 (including each number), the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s claim: (a) around June 7, 2016; and (b) around June 9, 2016, Defendant E confirmed that monthly sales of the instant cartel was KRW 50,000,000; and (c) Defendant C responded that monthly sales of the said cartel was KRW 34,200,000 as of the 20th operating day.

The Plaintiff entered into the instant lease agreement with the trust of the monthly sales guaranteed by the Defendants, but the actual monthly sales of the instant cartels were approximately KRW 10,000,000.

The Defendants deceiving the Plaintiff as to monthly sales, and the Defendant intermediary company and E violated their duty to act as intermediary in good faith with the care of good managers.

Due to the above illegal acts by the Defendants, the Plaintiff entered into the instant lease agreement and sustained damages of KRW 60,027,150 in total, monthly rent, brokerage commission, and early investment cost, and thus, the Defendants are liable to compensate the Plaintiff for the damages.

3. Claims against Defendant B and C.

arrow