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(영문) 서울중앙지방법원 2017.12.12 2017가단6557
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is a person who operates a tank high school in the underground floor of the building located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant teaching school”), Defendant C is an instructor of the said teaching school, and the Plaintiff is a person who has received tank high teaching at the said teaching school.

B. Around August 2013, the Plaintiff (hereinafter “instant teaching school”) lent KRW 15,00,000 to Defendant C at his/her own expense (hereinafter “instant teaching school”). On August 23, 2013, the Plaintiff leased the instant teaching school amounting to KRW 15,00,000 (hereinafter “instant loan”).

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 4 and 9, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s primary claim 1) The Defendants initially operated the instant teaching school, or Defendant B is the operator of the instant teaching school, and Defendant C is the employee of the instant teaching school. Around August 2013, in the process of negotiating the conclusion of the instant contract with the Plaintiff, the Plaintiff provided a trust that the said contract will be concluded definitely, and accordingly, the Plaintiff paid KRW 75 million to the instant construction cost, etc., and even though the Plaintiff paid KRW 15,00,000,000 to the Plaintiff without any justifiable reason, the Defendants were liable to compensate each Plaintiff for damages equivalent to the said amount by refusing the conclusion of the instant contract with the Plaintiff. Thus, the Defendants are liable to compensate for the total amount of KRW 90,00,000,000, in light of the principle of trust and good faith, if one of the parties was aware of the conclusion of the contract at the negotiation stage by giving a legitimate expectation or trust that the contract would be concluded at the negotiation stage, and thereby refused to conclude the contract without reasonable grounds.

(see, e.g., Supreme Court Decision 2001Da53059, Apr. 11, 2003). With respect to the instant case, the health care unit; the Plaintiff executes the instant construction at its own expense around August 2013; and Defendant C lends KRW 15,000,000 to Defendant C.

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