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(영문) 대구지방법원서부지원 2019.02.21 2018가단54696

부당이득금

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, KRW 160,00,00, and KRW 100,000 out of the said money, respectively.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent.

On May 13, 2015, Defendant C Association entered into a mutual aid agreement between Defendant B and the mutual aid coverage period from June 7, 2015 to June 6, 2016. The insured coverage period was extended by June 6, 2018.

B. On January 30, 2016, the Plaintiff concluded a sales contract with D to purchase the sales price of KRW 760,000 (hereinafter “instant sales contract”) for KRW 1,691 square meters, F forest land, 457 square meters, and 495.8 square meters, which are expected to be newly built on the ground, under the supervision of Defendant B (hereinafter “instant sales contract”).

At the time, the seller D had not been at the contract site.

C. On February 23, 2016, the Plaintiff transferred the down payment of KRW 50 million on the day of the instant sales contract, KRW 60 million in intermediate payment, and KRW 50 million in intermediate payment on February 24, 2016 to each Defendant’s bank account. D.

On November 8, 2016, the Plaintiff’s representative director G and D made a statement to the effect that D would deny the validity of the instant sales contract.

E. On June 28, 2018, Defendant B drafted and implemented a written agreement (No. 6, hereinafter “instant agreement”) with the following terms to the Plaintiff.

As to the instant case 2018da54696, Plaintiff A, et al., Defendant B and one other, the joint and several surety of Defendant B and the Plaintiff H and the Plaintiff Co., Ltd. agree as follows.

1. Although the case does not contain a specific different part in detail, the plaintiff's claim is recognized without dispute as a whole.

2. The Plaintiff’s reimbursement of KRW 160,000,000 to the Plaintiff’s claimed amount by September 30, 2018.

(Corporate Bank I A Corporation)

3. An amount not repaid by September 30, 2018 shall be added by applying the statutory maximum interest rate on and after October 1, 2018.

4. The plaintiff's claim amounting to KRW 160,000,000 shall be withdrawn by the defendant's reimbursement of the civil action and provisional seizure, and the costs of the lawsuit shall be borne by each party.

5. The plaintiff shall not claim the claimed amount of KRW 160,000,000.

6. The plaintiff (A corporation).