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(영문) 서울고등법원 2018.02.09 2017나2021686
손해배상(기) 등
Text

1. All appeals filed by the plaintiffs and the claims extended by this court are dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for the addition of the judgment on the allegations emphasized by the plaintiffs in this court. Thus, this court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on addition

A. In this court, Defendant A and B made a false advertisement that H will take charge of the operation and management of the commercial building of this case and concluded a sales contract with the Plaintiffs, and they did not entrust the management of the commercial building of this case to H, but did not entrust the management of the commercial building of this case to H with the development expenses, players management expenses, and management expenses.

According to the purport of Gap evidence 1-1, 2, and Eul evidence 1-2-1, 2-1, 2-2, and 2-1 and 2, the plaintiff Eul et al. filed a complaint with the Suwon District Prosecutors' Office based on fraud, occupational embezzlement, etc. based on the above alleged facts, but the Suwon District Prosecutors' Office within the Suwon District Prosecutors' Office rendered a disposition on July 18, 2012 that the plaintiff et al. filed a complaint with the Seoul High Prosecutors' Office, but the Seoul High Prosecutors' Office dismissed the appeal with the Seoul High Prosecutors' Office, while the plaintiff et al. filed an application for adjudication with the Seoul High Prosecutors' Office, the Seoul High Prosecutors' Office dismissed the application for adjudication with the Seoul High Court on December 28, 2012, and the Supreme Court filed a reappeal against the above Supreme Court's decision to dismiss the reappeal on March 8, 2013.

In fact, each of the instant sales contracts and the instant additional agreements do not directly include the content that H operates and manages, and the “operation and management contract with H” stated by the Defendant A in the sales advertisement is deemed to mean the “instant agreement” and thus, it is deemed as a false advertisement that is not permissible under the good faith principle.

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