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(영문) 수원지방법원안산지원 2011.12.22 2011가합2897
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. While the Defendant was running a lodging business with the trade name “C” in the real estate listed in the attached list owned by the Defendant (hereinafter “the instant telecom”), the Plaintiff and D (hereinafter “Plaintiff, etc.”) purchased the instant telecom from the Defendant on May 5, 2007 for KRW 300 million, and the intermediate payment of KRW 50 million on the date of the contract, and the intermediate payment of KRW 10 million on June 10, 2007, respectively, agreed to pay KRW 150 million on September 10, 2007.

(hereinafter “instant sales contract”). B.

On June 1, 2007, the Defendant entered into an implementation contract with the Plaintiff, etc. on the same day with the Plaintiff, etc. on the same day, and delivered the instant franchise to the Plaintiff, etc. on the same day.

C. On November 20, 2008, the Defendant expressed its intent to cancel the instant sales contract on the grounds of the failure to pay part payments, etc. to the Plaintiff, etc.

D on April 4, 2011, the Plaintiff transferred to the Plaintiff the right relating to the instant sales contract, including the right to claim damages due to the rescission of the instant sales contract against the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 2 and 5 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The plaintiff et al. asserted damages following the cancellation of the settlement agreement. (1) The plaintiff et al., et al. prepared to open the business by receiving the instant her mother boat and installing flame retardant construction and replacing guest room fixtures. Since water leakage problems occurred in the instant her mother boat, it was impossible to run a business for about 50 days due to waterproof construction, and even thereafter, it was impossible to run the business as noise in the next flooring place.

(B) Accordingly, the Defendant terminated the instant sales contract with the Plaintiff et al., and agreed to transfer the instant her her her her her her her her her her her her her her her her her her her her her her her her she

(C) However, it is true.

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