손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around May 2007, the Plaintiff agreed with the Defendant to jointly sell, and then divide the profits therefrom, one commercial loan in Sungnam-gu, Sungnam-si, Seoul (hereinafter “C”) where Drata Co., Ltd. was in sale.
B. According to the above agreement, the Plaintiff entered into a shop reservation agreement with Dental Co., Ltd. on May 18, 2007 with respect to C 104 with a total amount of KRW 1.05 billion and KRW 200 million for C 1st floor, and paid KRW 100 million for Dental Co., Ltd., and the Defendant also paid KRW 100 million for Dental Co., Ltd. at that time.
C. On September 25, 2009, the Defendant changed the object of sale to CA Dong 112 (hereinafter “instant commercial building”), and the buyer’s name also changed from the Plaintiff to D Co., Ltd. (hereinafter “Nonindicted Company”) that the Defendant operated.
On July 1, 2010, the defendant prepared a written confirmation as follows and issued it to the plaintiff.
1. On May 18, 2007, the sales contract was made in the name of the Plaintiff by paying the down payment of KRW 200 million each to the Defendant and the Plaintiff’s joint investment from DNA Co., Ltd., a selling company of KRW 104,00,000.
1. On September 25, 2009, the above commercial building was changed to the commercial building of this case, and the sales contract was concluded under the name of the non-party company.
1. The Plaintiff consented to the delegation of sale to the Defendant for sale of the commercial buildings sold in lots at a gold time.
1. The sales amount generated after the sale of the commercial building in this case shall be paid to each person in half of the sales amount (including profits);
1. The sales amount of the commercial building in this case shall be preferentially paid to the Plaintiff in down payment, intermediate payment, etc. until the Plaintiff’s share is fully recovered
E. Since then, he lost the status of the commercial building of this case, and the defendant was designated by the Samdive Co., Ltd., the intermediate payment.