(영문) 의정부지방법원고양지원 2015.06.11 2014가합53356

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(영문) 의정부지방법원고양지원 2015.06.11 2014가합53356

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that C Co., Ltd. (hereinafter “C”) operated by the Defendant (hereinafter “Defendant”) has the right to vicariously sell D Complex Distribution Facilities (hereinafter “D Distribution Facilities”). The Plaintiff paid KRW 230 million to the Defendant on the ground that the Plaintiff paid KRW 230 million to the Defendant, on the basis that the Plaintiff is obliged to deposit guarantee money in preparation for the employees’ relevant accidents, in E Co., Ltd. (hereinafter “E”).

However, the plaintiff did not have a case where the sale by proxy was performed, and the F (the Chairperson of the EE Co., Ltd.) committed fraud by selling the main stores in advance and selling them in double and underwater, etc.

The defendant, although there is no intention or ability to allow the plaintiff to sell in lots, has the plaintiff to sell in lots, by deceiving the plaintiff to acquire 230 million won from the plaintiff.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 230 million due to the damages incurred by the tort or the return of unjust enrichment.

2. Determination

A. The fact that the Defendant received a total of KRW 230 million from the Plaintiff on February 26, 2007, KRW 30 million on February 28, 2007, KRW 100 million on February 28, 2007, and KRW 230 million on March 2, 2007 is not a dispute between the parties.

In addition, according to the statement of evidence No. 1, Article 10 of the sales agency contract between the plaintiff and C in July 2005, where the plaintiff, the plaintiff's employee, and the interested parties caused damage to C or the customer (contractor) by intention or negligence, the plaintiff shall be liable for the damage, and the plaintiff shall be liable for all civil and criminal charges arising therefrom.

In order to prevent it in advance in accordance with the above prohibition items, the plaintiff shall be a seller of buildings in units to C.

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