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(영문) 서울고등법원 2019.05.24 2018나2062752
계약해제로인한원상회복 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' primary and conjunctive claims added at the trial.

Reasons

1. In the first instance trial, the Plaintiffs sought the return of the amount equivalent to the sale price already paid to Defendant C (hereinafter “Defendant C”) due to the cancellation of the first and second sale contract in this case. ② Defendant C and Defendant E Co., Ltd (hereinafter “Defendant E”) claimed the amount equivalent to the sale price as compensation for damages caused by tort.

In addition, ① Based on each of the instant consignment operation agreements, the Defendants filed a claim for the commission fee payable from March 2017 with respect to the Defendants, ② the Defendant D without permission to occupy the guest room owned by the Plaintiffs of the instant hotel (hereinafter “each of the instant guest rooms”), and ③ the Defendants filed a claim for compensation for damages under Article 10 of the Act on Fair Labeling and Advertising, which was caused by joint tort or fraud, for the amount equivalent to the commission fee payable from March 2017.

The court of first instance dismissed all the plaintiffs' primary and conjunctive claims.

Of the primary and conjunctive claims, the Plaintiffs appealed only to KRW 29,040,00 for Plaintiff A and KRW 26,973,320 for Plaintiff B, and only to KRW 26,973,320 for the primary and conjunctive claims in the first instance trial. The Plaintiffs withdraw the part of the above Defendant C and the Defendant E among the primary and conjunctive claims in the first instance trial. A claim for the commission fee payable from March 2017 to October 2018 for Defendant D based on the succession to the status of each entrusted operation contract of the instant case or the assumption of obligation, etc. In addition, the Plaintiffs claim for the commission fee payable from March 2017 to October 2018.

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