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(영문) 서울중앙지방법원 2017.01.12 2015가단5395661
손해배상(기)
Text

1. Defendant B and C shall jointly pay to the Plaintiff KRW 150,000,000 and shall be fully paid to the Plaintiff from March 25, 2016.

Reasons

1. The facts below the underlying facts may be admitted, either in dispute between the parties, or in full view of the overall purport of the pleadings in Gap evidence 1 to 6 (including the branch numbers, hereinafter the same shall apply) and witness E's testimony.

As the actual manager of Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C, the president, intended to sell the main multi-purpose building to the Plaintiff, “Defendant B would sell the main multi-purpose building to the FI of Gyeonggi-si FI of Gyeonggi-si (hereinafter “instant land”), and upon receipt of an advance offer, exchanged this contract with the construction permission until December 31, 2015, and the specific subject matter of sale will be sold to the Plaintiff as KRW 900 million (100 square meters, average KRW 9 million) of the sales price of the main multi-purpose building to be newly constructed on the ground of the instant land.”

B. On March 30, 2005, the Plaintiff trusted the horses of Defendant C, and paid KRW 300 million with Nonparty G as the subscription money, and prepared a commercial sales offer with the following contents (hereinafter “instant offer”) between Defendant B and the Plaintiff, Defendant B, and Defendant C affixed their seals:

Site location of Article 1 (Indication of Real Estate): 2,311 square meters: 24,174 square meters: apartment units 252 households, the general prize price of 1,480 square meters, and the indication of real estate subscribed at 7,742 square meters: Sale area - 100 square meters - Location: 100 square meters - The area shall be determined lower than the first sale date, such as financial institutions, etc.

Article 2 (Sales Price and Payment Method) Sale Price: daily gold-gu (100 square x 9,00,000 won) and the payment method of value-added tax - Payment method including subscription money (100 square x x x 100 square x 300 million won) - Contract deposit (in the case of sale, within one month after the date of sale), the balance (in the case of sale) - the principal offer under Article 3 of the subscription terms of KRW 400,000,000 shall be exchanged as the principal contract at the time of sale after the construction permission

In 205, the period of the above Paragraph 1 above is any case.

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