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(영문) 청주지방법원 2018.08.23 2017가단6207

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2017, the Plaintiff entered into a sales contract with D to sell the land and its ground (hereinafter “instant real estate”) on the part of the Defendant’s brokerage, Cheongju-gu, Chungcheongnam-gu, and the purchase price of KRW 156 million.

B. On April 10, 2017, the Plaintiff and D entered into a new sales contract that increases the sales price to KRW 180 million for the instant real estate (a contract amount to KRW 15.6 million, and a balance payment date to KRW 12,017).

(hereinafter referred to as "the second sales contract". In the context of a special agreement, "the sales amount includes all of the current revenue amount - 65 million won, and the purchaser shall pay the balance after deduction from the balance at the time of the remainder payment (the additional statement is made).

The Plaintiff received any balance from D pursuant to the second sales contract, and completed the registration of ownership of the instant real estate to D.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 3 and 5 evidence, the purport of the whole pleadings

2. Although the Plaintiff claimed that the Defendant would receive KRW 150 million, excluding KRW 85 million of lease deposit and KRW 20 million of loan, upon requesting the Defendant’s office to sell and purchase real estate, the Defendant would enter into a sales contract of KRW 150 million, and thereafter, the sales amount was increased to KRW 180,000,000, but the Defendant’s act constitutes “an act of making the principal client’s judgment by false words and other means relating to important matters regarding the transaction” prohibited under the Real Estate Brokerage Act, and thereby, the Plaintiff sustained damages of KRW 55 million.

3. In full view of the following circumstances, it is insufficient to acknowledge that the evidence submitted by the Plaintiff alone was “an act of excessively making the judgment of the principal client by means of false speech or other means regarding important transaction matters,” and that evidence is otherwise admitted.