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(영문) 수원지방법원성남지원 2014.11.25 2013가합5639

손해배상금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 3 to 6 (including paper numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

The plaintiff is an organization composed of persons who have obtained a license for the Do Transportation Business for the purpose of enhancing the social and economic status of the transportation business operator of Seongdong-si, promoting friendship among the members and protecting their rights and interests. Defendant B is the former president of the Plaintiff Union, and Defendant C is the real estate intermediary who has mediated the purchase of the welfare center of the Plaintiff Union.

B. On May 20, 2010, Defendant B entered into a provisional contract with Nonparty B, as the representative of the Plaintiff’s association, to purchase KRW 2.23 billion in the purchase price for the land and other three parcels of land, building, and G land (the combination of these twos) in Sung-nam-si, Sungnam-si, in order to use it as the building of the Plaintiff’s welfare center. However, Defendant B agreed to pay KRW 300 million on the date of the provisional contract, the intermediate payment of KRW 1 billion on June 4, 2010, and the intermediate payment of KRW 930 million on June 15, 2010, respectively, and paid KRW 300 million in the down payment on the same day.

C. After June 1, 2010, Defendant B entered into a principal contract on the instant real estate transaction as an agent of the Plaintiff Union, and paid KRW 1.2 billion as an intermediate payment on the same day.

On June 3, 2010, among the instant real property, the registration of ownership transfer was made in the name of the Plaintiff Union with respect to the instant land, and each of the instant real property in the name of Defendant B with respect to G in the name of the Plaintiff Union with respect to the instant land.

E. According to the audit report of the Plaintiff Union, the sales price of the instant real estate was paid as follows.

On May 20, 2010, the amount of the contract deposit of 300,000,000 on June 1, 2010, the intermediate payment of 1,200,000,000 intermediate payment of 1,200,000,000 on June 3, 2010, the intermediate payment of 250,000,000,000 intermediate payment of June 18, 2010 on June 18, 2010, the lease deposit of 18,000,000,000,000 for lease deposit of 18,00,00,00 for lease money of 20,000,00 for lease money of 10,00,000,000, June 24, 200, June 28, 200, 501, 202,