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(영문) 서울중앙지방법원 2014.08.22 2013가단5066907
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 21,983,60 per annum from July 16, 2013 to August 22, 2014.

Reasons

1. On September 7, 2007, the Plaintiff purchased 330/780 shares of 7830 square meters (hereinafter “instant shares”) out of 783 square meters (hereinafter “instant forest”) in Chuncheon-si D Forest land D (hereinafter “the instant forest”) from Defendant Taeok-ri Incorporated Co., Ltd. (hereinafter “Defendant Co., Ltd”) who is engaged in the real estate sale and purchase business, selling business, etc. of real estate, and paid 500,000,000 won in E forest land and 595 square meters in 50,000,000 won, and around that time, the Plaintiff paid 58 million won to the Defendant Company.

On September 18, 2007, the Plaintiff completed the registration of ownership transfer for each of the above shares.

[Grounds for recognition] Gap 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. According to the reasoning of evidence Nos. 5 and 6 as a basis for the liability for damages, according to the purport of the argument as a whole, Defendant B and C, an employee of the Defendant Company, explained to the Plaintiff around September 2007 that “this land is adjacent to the road, and it is likely that it will be converted into the market value as soon as possible, within three years” with respect to the forest of this case. The Plaintiff believed the above explanation and purchased 25/5 of 595 square meters of the shares in this case and the land adjacent thereto from the Defendant Company, and purchased 25/595 square meters of the 595 square meters of the land of this case in Ycheon-si. At the time, there was no reasonable cause to mislead the price of the forest of this case and its surrounding

According to this, Defendant B and C, who is an employee of the Defendant Company, shall be deemed to have deceiving the Plaintiff by falsely notifying the specific facts about important matters in the transaction in a manner to the extent to be criticized in light of the duty of good faith. As such, Defendant B and C shall be an illegal act, Defendant B and C shall be liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the purchase of the above land

B. The following circumstances acknowledged by the evidence, prior to the limitation of liability for damages, were caused by the Plaintiff’s damage, and thus, the Defendants.

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