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(영문) 서울중앙지방법원 2016.06.03 2015가합578543
손해배상(기)
Text

1. As regards Defendant B’s KRW 430,000,000 and KRW 320,000 among the Plaintiff, Defendant B shall be from January 14, 2015, and KRW 110,00,000.

Reasons

Defendant B, despite the absence of the intent or ability to enter into a lease agreement with respect to the 20th floor above the 7th floor above the ground in Seoul, Jung-gu and the 7th floor “D” condominium building (hereinafter “instant building”), the Plaintiff, who intended to operate a restaurant business on the 8th floor of the instant building, shall enter into a contract with the Plaintiff on the ground that he was delegated with all the powers, such as the right to lease for the development of the 8th floor to the 8th floor representative members of the instant building. Total amount of KRW 400,700,000, KRW 400,000, would be 85 units of the 8th floor. However, at the present 8th floor, the Plaintiff should first remove the 110,000,000 won at the cost of removal. The Plaintiff deceiving the Plaintiff to enter into a lease agreement with respect to the development and lease of the instant 8th floor.

However, the Plaintiff failed to enter into a lease agreement on the whole eight floors of the instant building, thereby making it impossible to operate a restaurant business normally, and was not paid the removal cost incurred by the Plaintiff.

Therefore, Defendant B, as a tort, is obligated to pay to the Plaintiff KRW 430,000,000, which is a part of the damages incurred by the Plaintiff due to the above tort (i.e., fraud amounting to KRW 320,000,000, which is equivalent to the rental deposit under the development contract) and damages for delay.

The Plaintiff’s assertion of each claim against Defendant C and D management body based on the confession of applicable provisions of law (Article 208(3)2, the main text of Article 150(3)1, and Article 150(1) of the Civil Procedure Act) is the head of the commercial management team of Defendant D management body (hereinafter “Defendant D management body”) in performing the duties of Defendant B along with Defendant B, who participated in or aids and abets Defendant B’s deception while performing the duties of the management body, and thereby enabling the Plaintiff to develop the eightth floor development and lease of the instant building.

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