손해배상(기)
1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant C are all dismissed.
2...
1. Facts of recognition;
A. On August 7, 2018, the Plaintiff entered into a contract with Defendant C, a licensed real estate agent, to purchase a house located in Gangnam-si, which is KRW 325 million in the purchase price, KRW 50 million in the remainder payment date, and KRW 325 million in the purchase price, KRW 50 million in the remainder payment date, and KRW 30 million in the purchase price and KRW 30 million in the contract.
B. The Plaintiff transferred KRW 30 million to the Defendant B’s account on the same day, and paid KRW 25 million to Defendant C’s employees E in cash.
In addition, the defendant C transferred 1.4 million won to the account of the defendant C with the brokerage commission.
[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Defendant C, while entering into the instant contract on behalf of Defendant B on behalf of the Plaintiff, presented the purchase price of KRW 325 million to the Plaintiff. Upon the Plaintiff’s consent to the said amount, the Plaintiff prepared a written contract with a tax of KRW 300 million, and subsequently intended to transfer KRW 30 million to Defendant B’s account and obtain the remainder of KRW 25 million through cash payment. The Plaintiff paid additional KRW 15 million to Defendant B, who notified the terms and conditions of the contract, and acquired the purchase price of KRW 10 million.
(1) Main argument: Defendant C, an agent of Defendant B, had the Plaintiff enter into the instant contract by deceiving the Plaintiff, so the declaration of intent by deception has been cancelled the instant contract and the Defendants jointly and severally refund the amount of KRW 56,40,000,000,000 in total, as unjust enrichment.
Shed Preliminary Claim: even if the contract of this case is valid, Defendant C shall pay to the Plaintiff KRW 25 million by compensating for damages caused by the fraudulent act by deception or by the return of unjust enrichment.
B. The Plaintiff’s primary and conjunctive arguments are based on the premise of Defendant C’s deception.