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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff is a person who carries out a business of constructing and selling officetels on the land outside Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as “instant officetel”), and the Defendant is a person who has concluded a construction contract with the Plaintiff and newly built the said officetel.
[Reasons for Recognition] Facts without dispute, the Plaintiff and the Defendant, which caused the Plaintiff’s claim as a whole, agreed to sell the instant officetel in charge, and concluded a contract for the instant officetel.
The defendant, like the contents of the business balance sheet attached to the loan agreement, intended to sell 70% within three months from the commencement date of sale, 80% within one year, and 100% at the completion date of construction to five million won per household. He received 150 million won for sale and made the sampling for sale and made the sampling for sale through an agency designated by the defendant.
However, the defendant made sampling level on the fourth floor of old buildings, and the future capital chain designated by the defendant was only 16 households out of the total 136 households from July 3, 2012 to October 3, 2012, which was the starting date of sale.
After the record of initial sale, the Plaintiff spent 214,751,00 won in total of the sales commission per household exceeding 5,000,000 won in the course of performing the affairs of sale in lots (i.e., 20,000 won in premium of KRW 7,65,00,000 in KRW 2.88,00 in total for rent of KRW 36,009,000 in KRW 36,009,00 in office rent of KRW 1,815,00 in office rent of KRW 7,245,00 in office rent of KRW 3,468,00 in the cost of purchasing advertising KRW 13,287,00 in the cost of vehicles for KRW 6,00 in the cost of purchasing KRW 13,287,00 in the cost of vehicles for sale in lots).
In addition, due to the above violation of the defendant's obligation to parcel out responsibility, the plaintiff suffered from extreme mental pain, such as the occurrence of guratum cancer, etc.