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(영문) 인천지방법원부천지원 2017.12.07 2017가단102534
손해배상(기)
Text

1. Defendant B and E jointly share KRW 60,000,000 with respect to the Plaintiff and the period from September 5, 2017 to December 7, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running real estate business and sales agency business, and Defendant B is an individual business operator conducting hospital consulting business in mutual name; Defendant C is a director of the above F; Defendant D is an individual business operator conducting hospital consulting business in mutual name; Defendant D is an individual business operator conducting hospital consulting business in mutual name; and Defendant E is a doctor.

B. On August 2015, the Plaintiff entered into a sales agency contract with H Co., Ltd. (hereinafter “H”) and Kimpo-si I (hereinafter “instant sales building”) and carried out the sales agency contract.

Defendant B offered that the hospital may be established in the instant building for sale. On August 3, 2015, H and Defendant B concluded a consulting agreement with Defendant B on the condition that the hospital operated by four medical specialists is located in the instant building for sale (hereinafter “instant consulting agreement”), and H paid KRW 20 million to Defendant B at the consulting cost.

C. Defendant B and C introduced the intentionJ to the Plaintiff, and on September 10, 2015, H drafted “a letter of commitment performance” and “lease Agreement” with the content of establishing a hospital after leasing the three floors of the instant building for sale in lots, and the saidJ failed to establish a hospital in the instant building for sale in lots due to economic problems.

When the Plaintiff resisted Defendant B to the Plaintiff, Defendant B introduced Defendant D, who is engaged in the same hospital consulting business, to the Plaintiff, and Defendant D introduced Defendant E, who is a doctor, to the Plaintiff.

E. On September 10, 2015, Defendant E agreed to establish a hospital on the third and fourth floor of the instant building sold in lots with H, and entered into a lease agreement, and promised to open a hospital on November 24, 2015 to H until December 10, 2015.

‘The letter of performance' has been issued.

F. Defendant B proposed that the Plaintiff provided the Plaintiff with operating funds and operating funds necessary for Defendant E’s opening of the hospital and received payment after the date, and the Plaintiff provided the Plaintiff with the test cost of KRW 100 million.

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