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(영문) 수원지방법원 2016.08.24 2015가단60272
기망에 의한 손해배상금
Text

1. The Defendant’s KRW 716,320 as well as the Plaintiff’s annual rate of KRW 5% from December 31, 2015 to August 24, 2016.

Reasons

1. Evidence 【Evidence” 1, A2, A3, A4, A5, A9, A10, B 2, B 3, B 4, and B 5-1 through 7, and the purport of the whole pleadings

A. Sales contract between the Plaintiff and the Defendant (1) The Defendant constructed Osan City B lending (hereinafter “instant lending”).

One floor of the 6th floor building of this case is a parking lot, and 3 households for 2 to 5th floor, and 6th floor is composed of 2 households due to a narrow floor area of 5th floor in order to secure the right to enjoy sunshine of a building.

(2) The sales agency C, who entered into a sales agency contract with the Defendant, solicited the Plaintiff to enter into a sales contract with Vietnam to use the instant loan No. 602 (hereinafter referred to as the “instant building”) as a service area, making it available for multi-purpose purposes, covering the roof of bera.

On the other hand, boiler was exposed to the outside without a warehouse.

(3) On November 1, 2014, the Plaintiff concluded a sales contract with the Defendant to purchase the instant building by setting the sales price of KRW 1550 million with respect to the instant building. On December 5, 2014, the Plaintiff occupied the instant building and completed the registration of ownership transfer in the name of the Plaintiff on December 11, 2014.

B. After the Plaintiff moved into the instant building, the Defendant established a boiler warehouse of approximately 6.6 square meters around the boiler facilities installed outside the building as a sandd position panel.

C. Around June 2015, the Plaintiff paid KRW 1100,000 to D as the construction cost, and installed a roof and a wall on the bend part of the benda by using the sand position panel and pipes.

On September 14, 2015, Osan-si notified the Plaintiff as a building in violation of the climasia established in Vietnam. On November 13, 2015, Osan-si notified the Plaintiff that the non-performance penalty should be imposed and that the non-performance penalty should be accused against the judicial authority if the building in violation is not voluntarily repaired by December 2, 2015.

E. On November 2, 2015, the Plaintiff goes against Silsan-si.

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