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(영문) 광주지방법원 2018.12.07 2018가단514069
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 7, 2018, the Plaintiff entered into a contract for consulting services, consulting services, and consulting services, to deposit down payment of KRW 50,000,00,00, out of the price, at an attorney-at-law office designated by the Plaintiff, at the Jeju City and 2 new construction corporations, which was implemented by Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

(hereinafter “instant contract”). (b)

Defendant B was registered as a joint representative director with D in the corporate register of the Defendant Company, and each of the instant contracts was affixed with the Defendant Company’s representative director and the Defendant Company’s joint and several liability.

C. In order for the Defendant Company to not deposit KRW 50,00,000 as stipulated in the instant contract, the Plaintiff sent to the Defendants on February 12, 2018, a certificate of content that “if the Defendant Company did not deposit KRW 50,000,000 until February 20, 2018, it would cancel the instant contract.” On the part of the Defendant Company, the Defendant Company determined that the Defendant Company’s representative director B and Defendant B’s name had low profitability, and thus, the instant contract is terminated.

“The content certification was sent.”

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. The Plaintiff’s assertion was concluded with the Defendant B’s seal, the representative director of the Defendant Company, and the Defendant Company did not deposit KRW 50,000,000 according to the instant contract. Therefore, the Plaintiff rescinded the instant contract due to the cause attributable to the Defendant Company.

Therefore, Defendant B, a joint and several surety of Defendant Company, is jointly and severally liable to pay to the Plaintiff KRW 50,000,000 as an estimate of damages under the contract of this case and damages for delay thereof. A domestic contract of this case concluded by Defendant B as a joint representative director who is unable to act as a sole representative.

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