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(영문) 서울남부지방법원 2018.01.25 2017가합105877
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is a person who is engaged in art sales business under the trade name of “D”, and Defendant C is a person who works in the said paintings together with Defendant B.

B. On February 27, 2013, the Plaintiff purchased 310,000,000 won of the works of “F” (daily number: G; hereinafter “instant works”).

The above sales contract includes a clause that “E author’s written guarantee and a certificate of gallon issuance for a stock company. This contract cannot be withdrawn and returned.”

C. Meanwhile, the Plaintiff requested the Korea Institute of Art Property Appraisal (hereinafter “Korea Institute of Art Property Appraisal”) to appraise whether the instant work was performed or not, and paid 660,000 won for the appraisal. On January 20, 2017, the Korea Institute of Art Property Appraisal (hereinafter “Korea Institute of Art Property Appraisal”) issued the appraisal result that the instant work was performed as a work.

Therefore, the Plaintiff filed a complaint against the Defendants for fraud, but on July 27, 2017, the prosecutor dismissed the Defendants on the ground that “the appraisal by the Korea Art Appraisal Board as evidence for fraud,” Defendant C appraised sufficient progress with a written guarantee of pro-friendly writing and a written guarantee of gallonization representative, and stated in the sales contract that it would not raise any objection, so Defendant C’s cause for failure to prove and there is no suspicion of crime,” and Defendant B rejected the Defendants on the ground that “the case is not related to the case.”

The plaintiff appealed to the Seoul High Prosecutor's Office, but the appeal was dismissed, and the plaintiff again filed an application for adjudication with the Seoul High Prosecutor's Office.

(Seoul High Court 2017 Seocho Jae-4383). [Reasons for Recognition] The fact that there is no dispute, Gap 1, 2 (including branch numbers; hereinafter the same shall apply), Eul 7 through 10, 13, 16, and 19 respectively, and the purport of the whole pleadings.

2. The Defendants’ summary of the cause of the claim shall be the Plaintiff.

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