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(영문) 대구고등법원 2016.06.29 2015나2905

손해배상등

Text

1. Of the judgment of the court of first instance, the part against A, which orders additional payments under the following.

Reasons

1. Basic facts

A. On November 30, 2005, Plaintiff A became aware of the Defendant who had been working as the head of Nonparty A’s headquarters in the course of selling the housing of 145 square meters and its ground owned by Plaintiff A, who was the Plaintiff B and the mother, to the “I” (hereinafter “Nonindicted Company”).

B. On May 25, 2006, Plaintiff A and C purchased at KRW 150,000,00 a house of 208.3 square meters in Daegu-gu, Daegu-gu and its ground (hereinafter the above site and housing are combined) from J on the Defendant’s introduction, and completed the registration of ownership transfer in the name of the above Plaintiffs on June 19, 2006.

C. On August 1, 2006, Plaintiff A and C, as the Defendant’s introduction, purchased the instant cartel building with the purchase price of KRW 1,070,00,00,00 from 548 square meters and its ground (hereinafter referred to as “the instant cartel” by combining the above site and the telecom building) from F as KRW 1,070,00,000, due to the shortage of KRW 170,000,000, and subsequently, leased the instant cartel with the payment of the remainder to F, but later, they agreed to transfer the registration of ownership transfer of the instant cartel to F in the name of the said Plaintiffs.

The above plaintiffs paid F 10,000,000 won to F, and finally, the security deposit was changed to 160,000,000 won. The F sublet of this case to M on September 23, 2008 and received the balance of the above sales price after sublet sublet sublet of this case to M on 160,00,000 won, and the registration of ownership transfer was completed on September 17, 2009, which was after the payment of the balance.

E. On November 20, 2009, the above plaintiffs prepared and delivered to M a certificate of borrowing stating that “The above plaintiffs shall borrow KRW 160,000,000 from M as of September 30, 2010 when M due,” and on the same day, received from the Cheongju District Court for the instant telecom as of the same day.