(영문) 대법원 2015.05.28 2013다59906 | 리걸엔진

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(영문) 대법원 2015.05.28 2013다59906

손해배상

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All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal, the lower court rejected all the Plaintiff’s assertion that “The Defendant was liable to pay the Plaintiff KRW 200 million for damages arising from the cancellation of the sales contract, or for penalty of KRW 62.5 million for interior expenses according to the restitution and subrogation agreement based on the instant confirmation document, or for the Defendant’s obligation to pay the Plaintiff KRW 62.5 million for interior expenses according to the restitution or loan agreement following the cancellation of the sales contract.”

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or misapprehending the legal principles.

2. On the grounds of appeal by the Defendant, on December 31, 2010, the lower court determined that the instant sales contract was cancelled by agreement between the Plaintiff and the Defendant on December 31, 2010, the Defendant is obligated to return the fee of KRW 200 million to the Plaintiff as stipulated in the instant confirmation document, and that the Plaintiff lent KRW 50 million to the Defendant on July 26, 2010, and the Defendant is obligated to pay the Plaintiff KRW 50 million to the Plaintiff.

In addition, the lower court rejected the Defendant’s assertion that “The Plaintiff and the Defendant were unreasonable on January 4, 201, 201, which was after the conclusion of the instant sales contract, based on the circumstance that the Defendant continued to implement the construction of the instant building’s facilities in a considerable amount of KRW 860 million, and the Plaintiff’s payment of KRW 200 million to F, and KRW 50 million to the Defendant of the instant building, based on the Plaintiff’s payment of KRW 50 million to the Defendant of the construction cost of the instant building.”

In light of the record, there are some inappropriate points in the reasoning of the court below.

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