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(영문) 부산지방법원서부지원 2020.08.20 2019가합100474

손해배상(기)

Text

1. Defendant B shall pay 304,240,000 won to the Plaintiff and 12% per annum from June 11, 2020 to the date of full payment.

Reasons

1. Basic facts

A. The Defendants’ related Defendants C are licensed real estate agents operating the “E Real Estate Brokerage Office”, and Defendant B served as the former husband of Defendant C from May 2017 to October 2018 at the said licensed real estate agent office.

Defendant D had a de facto marital relationship with Defendant B from April 2017.

B. Around December 2017, the Plaintiff: (a) recommended Defendant B to purchase KRW 63,740,00,000 as down payment; (b) KRW 27,50,000 as down payment; and (c) KRW 41,240,00 in the name of Dong H on December 21, 2017, the Plaintiff transferred KRW 41,240,000 to Defendant B’s account; and (d) KRW 50,00,00 in the name of Defendant B’s account under the name of 30,000,000,000 from December 22, 2017, the Plaintiff received the said apartment sale right again from Defendant B to sell it to a third party; and (e) was not entitled to receive KRW 80,00 in the name of 30,000,000 from the said apartment sale right; and (e) the Plaintiff did not receive the said apartment sale right from the said Defendant B’s account.

Defendant B, around April 2018, had a person wishing to purchase the above apartment sales right to the Plaintiff, and the Plaintiff and Defendant D had the currency, and Defendant D had the Plaintiff make a false statement as if they wished to purchase the above apartment.

In fact, Defendant D merely acted as such at the demand of Defendant B, a de facto spouse, but did not intend to purchase the above apartment sales right.

3. On April 18, 2018, the Plaintiff was urged by Defendant B to make an investment of KRW 77,00,000 from “K Apartment” to make profits from the said investment, and on the same day.