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(영문) 대구지방법원 2019.02.20 2018가단6782
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. On September 13, 2017, the Plaintiff entered into a sales agency contract with the Defendant for approximately 90 units among the 1112 units of Ulsan-gun Office D Officetel 112 for a fixed period of six months. From that time, the Defendant used the above officetels, E, F, and G as sales office and sampling office, and performed sales agency business.

B. After December 22, 2017, the Plaintiff and the Defendant agreed to waive the status of the sales agency contract and not to participate in the sales in case where the Plaintiff fails to sell more than 10 units until January 11, 2018.

C. The Plaintiff is on January 11, 2018.

In addition, 10 rooms have not been sold after the agreement entered in the subsection. D.

The defendant around January 25, 2018 above A.

It changed the password of the unit sale office and sampling office stated in the paragraph and prevented the defendant from entering.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 (including all of the paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The defendant alleged by the plaintiff ① The plaintiff 1-B.

On January 8, 2018, the Plaintiff forced the Plaintiff to leave, including intimidation by telephone, etc.

The plaintiff suffered damages due to the above obstruction of business by the defendant, and the defendant is obligated to pay the plaintiff the amount stated in the claim as damages for tort and damages for delay.

B. The Defendant did not have been subject to intimidation, coercion, etc. as alleged by the Plaintiff, and the Defendant did not sell more than 10 rooms until January 11, 2018, and thus the status under the instant parcelling-out agency contract was lost, and thus, it is reasonable to take measures, such as changing the password of the sales promotion center and sampling.

tort damages.

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