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(영문) 광주지방법원 2017.09.14 2016가단526853
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 90,000,000 and Defendant B with respect thereto from November 5, 2016, and Defendant C with respect to the said amount.

Reasons

1. Facts of recognition;

A. (1) On July 23, 2013, the Plaintiff concluded a sales contract at a discount of 45 million won with respect to the Ftel 239 and 322 (hereinafter “each of the instant officetels”) located on the land outside Seo-gu, Gwangju, Seo-gu, and the Plaintiff’s brokerage of the Defendants.

On the other hand, the Plaintiff transferred two million won to the Defendant D’s account designated by Defendant B on July 19, 2016, prior to the conclusion of the above sales contract.

(2) The Defendants, while mediating the above sales contract, instructed that each of the instant officetels is managed by the trust company, but the Plaintiff may immediately receive a trust certificate for each of the instant officetels upon entering into the sales contract with the G&D city development and payment of the sales price.

(3) The Plaintiff paid a total of KRW 90 million at the time of the conclusion of the above sales contract, and received a full payment receipt for each of the above officetels from the development of the Dandi City.

B. (1) On September 2013, the Defendants prepared a letter of confirmation and joint and several sureties’s letter of confirmation that “I expect to move in from the date of completion to the end of December 2013 on the present schedule of work, and confirm that I will move in at the time of completion,” and issued it to the Plaintiff at the request of the Plaintiff.

(2) On September 17, 2013, the Defendants indicated them as joint and several sureties and prepared the documents containing the following contents (hereinafter “instant joint and several sureties”).

The above three persons shall be held jointly and severally liable for this content when they fail to fulfill the contents of the authorized certificate.

Provided, That if the sale is requested to be more than the purchase price, it shall be immediately sold, and the joint and several sureties liability shall be extinguished.

C. (1) Each of the instant officetels is unable to execute the sales contract.

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