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(영문) 서울중앙지방법원 2015.11.12 2014가단224491
손해배상금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s assertion is the joint representative director of C, a corporation with the objective of siren business, etc., and around May 2014, the Plaintiff entered into a partnership agreement with Nonparty D, demanding the Plaintiff through Nonparty D to report the type of business operated by the Plaintiff, and to make a joint investment by 50% of the Plaintiff, and to entrust the Plaintiff with all of its investments, and to pay KRW 200 million by the remainder payment date.

Accordingly, the Plaintiff found and examined the store in the same way as from May 2014. During that period, the Plaintiff agreed to lease the store located in Gangnam-gu Seoul Metropolitan Government E (hereinafter “instant commercial building”) citing Defendant’s mind, and entered into a lease contract with the Plaintiff’s wife F in the Plaintiff’s name on June 19, 2014, and paid the down payment of KRW 10 million on the day of entering into the lease contract with the Plaintiff’s wife F, and KRW 5 million on the day of the lease contract with H, “I,” and “I,” each right transfer contract with each of the above commercial buildings, and paid KRW 45 million and KRW 5 million among each premium, KRW 5 million and KRW 5 million to the broker.

In addition, at the Defendant’s request, 4.4 million won was paid in total by requesting the design of the store and 3D photography works, and the Defendant unilaterally reversed the agreement on July 30, 2014, which provided that 200 million won should be paid in the amount of investment.

Accordingly, the plaintiff suffered losses equivalent to the lease contract amount, the acquisition of rights, the contract amount, the brokerage fee, and the service amount paid by the plaintiff for the execution of the partnership agreement. The defendant is liable to pay to the plaintiff the amount of KRW 29.3 million already paid by the plaintiff as compensation for damages.

2. Even based on the Plaintiff’s assertion itself, the Plaintiff concluded a lease agreement for the instant commercial building on June 19, 2014, but the Plaintiff introduced the Plaintiff and the Defendant on July 19, 2014, and provided meals at K by the Plaintiff and the original and the Defendant.

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