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(영문) 서울동부지방법원 2020.11.06 2018가단140709
손해배상(기)
Text

The Defendants jointly share KRW 14,00,000 with respect to the Plaintiff and 5% per annum from November 30, 2018 to November 6, 2020.

Reasons

1. Facts of recognition;

A. The status of the parties and the conclusion of each contract. Defendant B is a person who works as a licensed real estate agent from D Real Estate located in Gwangjin-gu Seoul Special Metropolitan City, and Defendant C is an architectural designer who operates E architect office in Seocho-gu Seoul Metropolitan Government. 2) The Plaintiff expressed his intention to purchase an adequate real estate for the purpose of new construction by communicating with G of the F Licensed Real Estate Agent Office G in the F Licensed Real Estate Agent Office known to the Plaintiff.

On December 6, 2017, the Plaintiff sought D’s real estate along with the foregoing G, and received proposals from Defendant B, including “Seoul Special Metropolitan City H large 115.4 square meters and above-ground buildings (hereinafter “instant objects”).”

3) The Plaintiff asked the Defendant B of whether it can newly build multiple houses on the instant object. Defendant B, a construction business entity, and Defendant C, a construction designer, could newly build multiple houses. On January 5, 2018, the Plaintiff entered into a contract with the Defendant C on the instant object (hereinafter “instant design contract”).

After concluding a contract, Defendant C paid a down payment of KRW 3 million to Defendant C. The name of the building: 15.40 square meters (the area of public injury), 107.85 square meters (the area of actual use): The area of residential facilities and multi-family housing 3): The contract amount of a reinforced concrete structure: KRW 10 million (value added tax) and KRW 3 million shall be paid at the time of receipt of the permission for the commencement of the construction. Article 3 (Scope of Contracts, etc.) ① The scope of the contract, etc. shall be determined by referring to the scope of the construction design business and the quality standards table in [Attachment Table 1].

The scope of the contract of classification and the preparation of non-high books: ① The scope of the contract of classification and the preparation of the non-high books, ① The scope of the contract of classification and the preparation of various deliberations (construction, scenery, cultural property), ② The scope of construction design work and quality standard table 4 Defendant B and G, the Plaintiff and the Plaintiff via K and the instant case, the agent of K on January 8, 2018.

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