logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.12.18 2019나2008779
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally liable to the Plaintiff for KRW 72 million.

Reasons

1. Facts of recognition;

A. On September 5, 2012, the Defendants and M&A agreed to newly construct 50 households of complex-type multi-household houses on the ground of Kimpo-si, P, Q, and R land (hereinafter “instant project site”).

On January 7, 2013, the Defendants entered into a partnership agreement with the Defendants as its members, and the trade name “H” (hereinafter “H”) for the purpose of jointly running the said business of newly constructing and selling multi-household housing (hereinafter “instant business”), and completed the registration of joint business operators by designating the type of business as a construction business and a new house sales.

B. The Defendants delegated Defendant C’s comprehensive authority on the overall project of the instant case to J, the co-borns of Defendant C.

J, as the actual operational entity of the instant project, concluded a contract on behalf of the Defendants for multi-household sales with K on November 22, 2013.

Since then, on January 6, 2014, the Defendants granted K the authority to use the H’s employee seal under the name of J.

C. On January 2014, E drafted a supply contract under which J and K, representing the Defendants, would sell G units of the above multi-household housing (hereinafter “instant apartment”) at KRW 23,2950,000 between J and K.

(hereinafter “instant sales contract”). At the time of the preparation of the supply contract, J affixed the seal of Defendant D, one of the joint business operators of H, on the seller’s column.

On the other hand, while E did not pay the price under the instant sales contract at all, it requested K to prepare a certificate of full payment for the purpose of borrowing money from the Plaintiff.

Accordingly, on March 6, 2014, K prepared and delivered to E a certificate of full payment (hereinafter “certificate of full payment”) stating that “E, a buyer, paid the full amount of the sale price (230,2950,000 won) for the instant apartment as of January 20, 2014.”

E. On May 14, 2014, the Plaintiff entered into an agreement with E on interest of KRW 72 million (hereinafter “instant loan”).

arrow