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(영문) 부산지방법원 2015.01.09 2013가합18472

계약금반환등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion that although the defendants did not have the intent and ability to act as a broker, the plaintiff deceivings the plaintiff that he may receive a loan from approximately KRW 3.5 billion to KRW 4 billion as security with D site and ground commercial building (hereinafter "the real estate of this case") at Seopopopo City, and demands loan brokerage fees of KRW 160 million to KRW 100 million and KRW 100 million (in case where a loan becomes KRW 4.0 billion), and obtains a down payment of KRW 150 million from the plaintiff on several occasions, including down payment of KRW 30 million and KRW 30 million from the plaintiff, so the defendants are liable to pay damages to each plaintiff, as well as damages for delay.

2. According to the overall purport of the statements and arguments by Gap evidence Nos. 1 through 3, Gap evidence Nos. 4-1, 2, 7, Eul evidence No. 1-6, and 117, the plaintiff acquired the total shares of non-party corporation E, the owner of the real estate of this case in June 2, 2011 (the evidence No. 1 stated that the transfer price is 3.5 billion won, but the actual transfer price is 2.5 billion won); on May 13, 2011, the plaintiff agreed to make a temporary employment contract with the defendant Nos. 160 million won with remuneration and pay KRW 100 million with incentives; on the same day, the plaintiff paid KRW 30 million with the same amount as contract deposit; on June 25, 2011, the plaintiff paid the defendants with labor expenses and other expenses as employees of the defendants; and on the other hand, he/she can delegate the defendants' authority to verify the facts that the plaintiff paid them as employees of the defendants.

Evidence of the amount of a temporary payer No. 30 million won on May 13, 201, 201, the evidence No. 30 million won (hereinafter referred to as “A”) No. 4-23 of the F B B B 10 million won on May 20, 201, and the evidence No. 4-23 of the G B 20 million won on June 17, 2011. < Amended by Presidential Decree No. 23093, Jun. 23, 2011; Presidential Decree No. 23075, Jun. 23, 2011>