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(영문) 수원지방법원안산지원 2016.03.25 2014가단38388

부동산계약금 및 위약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. 1) The summary of the assertion regarding the right of representation 1) The Defendant, via C, an agent, is the Plaintiff, on June 3, 2013, and on June 3, 2013, the “E Co., Ltd.” (hereinafter “E Co., Ltd.”).

(1) The sales contract for the sale of the goods to the Plaintiff at an auction procedure and the sale of the goods to the Plaintiff at KRW 2,100,000 (hereinafter “instant sales contract”).

The Plaintiff concluded a contract deposit with the Defendant. Accordingly, the Plaintiff paid KRW 30,000,000 for down payment and KRW 10,000 for late payment management expenses of the instant friendship and KRW 10,000 for late payment. However, since the Defendant was unable to sell the instant friendship in the auction process, and the instant sales contract was eventually impossible, the Defendant is obligated to pay the Plaintiff the amount of KRW 60,000,000 (=30,000 x 2) as the down payment and penalty in accordance with the above sales contract, and the Defendant is obliged to pay the Plaintiff the amount of KRW 10,000,000 for unjust enrichment equivalent to the above late payment management expenses, and delay damages for each of the said money. 2) The judgment of the Plaintiff was delegated by the Defendant with the authority to sell the instant friendship and sales, and concluded the instant sales contract with the Plaintiff.

Although there is no dispute between the parties that the stamp image next to the defendant's name stated in Gap evidence 2 (a delegation letter) is based on the defendant's seal, considering the whole purport of the pleading in addition to the statement stated in Eul evidence 2, Eul's seal affixed by the defendant's name side to the defendant's above power of attorney, it is insufficient to recognize the fact that Eul has the right to affix the defendant's seal to Eul, and unless there is any other evidence to acknowledge it, the above evidence No. 2 (a delegation letter) cannot be used as evidence, and even evidence No. 3 (a sales contract) cannot be used as evidence because there is no evidence to acknowledge the authenticity.

In addition, Gap evidence Nos. 6, 7, 8, and 10 (including paper numbers) and testimony Nos. 6, 7, 8, and 10 (including paper numbers) and witness F are related to the letter or sale of this case from the defendant.