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(영문) 대구지방법원 2018.06.22 2017가단20033

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Plaintiff’s assertion

The Plaintiff: (a) purchased commercial buildings on the agreement that the Defendants would receive a loan from a financial institution in order to introduce commercial buildings and pay the purchase price; and (b) paid to the seller the down payment of KRW 25 million to the Defendant B at the referral cost, KRW 5 million to the Defendant B, and KRW 15 million to the Defendant E.

Nevertheless, since a financial institution loan or a sales contract has not been implemented, the Defendants are jointly and severally liable to pay to the Plaintiff the down payment of KRW 25 million, the introduction fee of KRW 15 million, and damages for delay.

Judgment

In full view of the facts stated in the evidence Nos. 1 and 2 and the purport of the whole pleadings, the Plaintiff purchased 14 commercial buildings of the aggregate building in Gunsan City F, G, and H from the New Young Industrial Co., Ltd. on December 2, 2016 from the purchase price of KRW 1.00 million, and concluded a sales contract with the seller to provide all documents necessary for the buyer’s loan on January 20, 2017, with the remainder of KRW 975 million when entering into the contract, the Plaintiff paid KRW 25 million to the new industry in Gunsan City F, G, and H as the down payment of KRW 1.5 million on December 2, 2016. < Amended by Act No. 14174, Nov. 30, 2016; Act No. 14304, Dec. 2, 2016; Act No. 14306, Dec. 25, 2016>

However, there is no evidence to prove that the Defendants agreed to receive a loan from a financial institution while introducing the above commercial building to the Plaintiff, and there is no evidence to prove otherwise as to the grounds for the Plaintiff seeking the return of the down payment and the introduction fee against the Defendants.

Therefore, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.