손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the record on the evidence No. 1 of the basic facts, the Plaintiff, from September 15, 2014, entered into a sales contract with the content that the Plaintiff purchases 658 square meters of Incheon Seo-gu G (hereinafter “instant land”) from E and F for KRW 963,00,000,000.
(hereinafter “instant sales contract”). 2. The Plaintiff’s assertion
A. As to Defendant B, the Plaintiff purchased the instant land and tried to build a nursery facility. Although Defendant B was unable to lend a loan under the Agreement on the Loan of Sale Price, Defendant B deceptioned the Plaintiff to arrange a loan equivalent to KRW 1,800,000,000 including the construction cost of the nursery facility.
As a result, the Plaintiff concluded the instant sales contract and paid KRW 135,00,000 as the down payment, but suffered damages from forfeiture of the down payment.
Therefore, Defendant B is obligated to pay the Plaintiff KRW 135,00,000 for damages incurred by the tort.
B. Defendant C is a licensed real estate agent who was requested by the Plaintiff to mediate the instant land.
Defendant C did not explain to the Plaintiff that, as a broker who received a request for brokerage, the legal relationship, etc. of the object of brokerage is examined and verified, and that it is impossible to grant a loan pursuant to the loan agreement for the proceeds of sale in violation of the obligation to explain the client.
As such, the Plaintiff suffered damages for forfeiture of down payment as above, Defendant C is obligated to pay KRW 135,00,000 for damages due to breach of duty of care as a broker.
C. As Defendant D’s reference to the seller E and F, at the time of entering into the instant sales contract on behalf of the said seller.
Defendant D, with the knowledge that if the Plaintiff intended to use the instant land as a site for childcare facilities and the Plaintiff fails to obtain a loan equivalent to KRW 1,800,000,000, the purpose of the contract cannot be achieved, the loan under the loan agreement is made.