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(영문) 서울북부지방법원 2015.06.17 2014가단124705

보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the plaintiff's assertion is that the plaintiff, although the defendant did not have the right to sell in lots by Jongno-gu Seoul Metropolitan Government, deceiving the plaintiff to enter into a sales agency contract, and acquired it by taking it as a security deposit, the defendant asserts that the defendant is liable to pay the above KRW 50 million and the damages for delay on the basis of the tort to the plaintiff.

2. According to the health records, as seen earlier, whether the Defendant is liable for tort against the Plaintiff, and the evidence Nos. 4-1 (written confirmation) as shown above cannot be used as evidence because there is no evidence to acknowledge the authenticity. According to the evidence Nos. 1 through 3 (including the paper numbers) of the Defendant, the Defendant signed a sales agency contract with the Plaintiff and E around 2006, which entered into a sales agency contract with the Plaintiff and E. It is recognized that the Defendant received KRW 50 million as the performance bond under the name of the said company, and that the receipts of KRW 50 million were prepared on October 12, 2006. However, it is recognized that the Defendant received the above evidence Nos. 5, Nos. 1, 2, and 3 from the Plaintiff, and that the above document was transferred to the Plaintiff by acquiring the above KRW 50 million from the account transfer to the Defendant around 208, and thus, the Defendant did not have the right to purchase the deposited money and the record of 200 million won.