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(영문) 서울북부지방법원 2014.06.19 2013가합2959

손해배상(기)

Text

1. Defendant D: (a) KRW 67,400,00 for Plaintiff A; and (b) KRW 30,000,000 for Plaintiff B; and (c) for each of them, from July 13, 2013 to July 2014.

Reasons

1. Facts of recognition;

A. On July 3, 2008, the Plaintiffs, Defendant D, F, etc. concluded an agreement to resell Seongbuk-gu Seoul Metropolitan Government G apartment 6 Dong 602 (hereinafter “instant apartment”) owned by Defendant E and distribute the resale profits according to the investment shares (hereinafter “instant investment agreement”).

On the other hand, Defendant D actually manages the I-real estate in which wife H is the representative, and Defendant F is operating J-real estate.

B. Around July 24, 2008, Defendant D entered into a contract with Defendant E to sell the instant apartment at KRW 325,000,000 (hereinafter “instant sales contract”) and agreed to pay the down payment of KRW 20,000 at the time of the contract, and the first intermediate payment of KRW 50,000 on September 10, 2008; KRW 40,000 for the second intermediate payment of KRW 40,000 for the remainder of September 25, 2008; KRW 215,000 for the remainder of KRW 215,00,000 (if the principal of the loan is deducted, the actual payment shall be KRW 11,00,000 for the loan amount) on October 15, 2008.

On the other hand, the buyer stated that he is Defendant D and one other, and entered into the sales contract on behalf of the seller, on behalf of Defendant E, and Defendant F mediated the sales contract of this case.

C. In accordance with the instant investment agreement, Plaintiff A, a licensed real estate agent, invested KRW 72,50,000,000 (hereinafter “Defendant F’s account”) on July 11, 2008, KRW 2500,000 (transfer to H account) on July 26, 2008, KRW 750,000 (transfer to K account) on September 11, 2008, KRW 150,000 (transfer to K account) on September 25, 2008, KRW 72,50,000,000 in total, including KRW 15,00,000 on October 15, 2008, KRW 250,000 in total, KRW 750,000 (one million on October 15, 201, KRW 205,005,000 in total) on September 26, 2011.

Plaintiff

B had worked in I real estate from June 2008 to June 2009. Pursuant to the investment agreement of this case, B invested KRW 30 million on September 26, 2008 (payment to Defendant D).

E. Defendant D is the case to Defendant E.