logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.09.20 2019가합50453
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On February 8, 2018, the Plaintiff and the Defendant concluded a service contract with the content that the Defendant entrusted the Plaintiff with the business of purchasing each of the above land and then is to receive the service cost regarding each of the above seven parcels, including Net City C and D (hereinafter collectively referred to as “each of the above parcels of land”). According to the above service contract, the Plaintiff paid the Defendant the service price of KRW 191 million on June 8, 2018, and KRW 184 million on each of the above parcels of land, respectively.

However, even until May 30, 2018, which is the service period stipulated in the above service contract, the Defendant concluded a sales contract with F, one of the legal successors of the deceased E, the owner of each of the instant land, and did not conclude a sales contract with the remaining legal successors.

Therefore, the defendant expressed his intent to cancel the above service contract on the ground of the plaintiff's default pursuant to Article 6 (1) of the above service contract with the delivery of a copy of the complaint of this case. Thus, the defendant is obligated to pay to the plaintiff the service price of KRW 195 million, the sales contract price of KRW 184 million, the sales contract price of KRW 185 million, the total amount of KRW 276 million, and the damages for delay.

B. On July 12, 2017, the Defendant, G, and H (hereinafter “H”) entered into a service agreement with the Defendant, G, and H (hereinafter “G, etc.”) with respect to each of the instant parcels of land, other than the instant parcels of land, on which G, etc. entrusted the purchase of each of the instant parcels of land from the Defendant to receive service fees, and subsequently to receive service fees.

When G et al. were unable to pay the purchase price of each of the above lands while performing the business of purchasing each of the above lands in accordance with the above service contract, the Defendant entered into a contract on February 2018, which transferred the Plaintiff the status of purchaser under the sales contract for each of the above lands to the Plaintiff, and each of the above cases to the Plaintiff at the time.

arrow