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(영문) 서울고등법원 2015.09.04 2014나39697

손해배상

Text

1. The Plaintiff, among the parts against Defendant B in the judgment of the court of first instance, constitutes the money ordering the payment below.

Reasons

1. The facts below the underlying facts are either in dispute between the parties, or acknowledged by considering the overall purport of the pleadings as a whole in each entry of Gap evidence Nos. 1, 2, 4, 6, Eul evidence No. 3, 5, and 8 (including each number; hereinafter the same shall apply).

[1] Around December 2007, the Plaintiff leased approximately 100 square meters of the first floor of the building on the D ground of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and operated the “Eumpt” (hereinafter “Eumpt”).

On June 24, 2004, Defendant B completed the registration of ownership transfer with respect to F apartment store underground1 (hereinafter “instant store”), and completed the registration of creation of collateral security (hereinafter “instant collateral security”) with respect to the instant store, Defendant B completed the registration of creation of collateral security (hereinafter “instant collateral security”) with respect to Korea Exchange Bank (hereinafter “Korea Exchange Bank”) with respect to the instant store on the same day.

Defendant Hanyang Real Estate Brokerage Co., Ltd. (hereinafter “Defendant Company”) is a company that runs real estate brokerage business, and Defendant C served as an employee of the Defendant Company.

[2] On December 27, 2010, the Plaintiff and Defendant B entered into a contract to exchange the instant discount boat with the instant store (No. 8; hereinafter “instant exchange contract”) as a broker of Defendant C (hereinafter “instant exchange contract”).

In the instant exchange contract, △△△△ KRW 35,00,000, monthly rent of KRW 4,400,000, and KRW 30,000, and KRW 1,980,000, KRW 1,980,000, and KRW 250,000, the principal of the instant mortgage-backed obligation (hereinafter “instant secured obligation”).

In the instant exchange contract, “this contract shall be completed after full examination of the documents and both items entered in the public account as required by both parties, so it shall not raise an objection to the subsequent value of the property or any of the reasons therefor (Article 6),” and “this contract shall be concluded regardless of the amount invested by both parties.”

(3) The instant case