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(영문) 서울고등법원 2015.01.30 2014나2027416

손해배상(기)

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1. The plaintiff's appeal and the first preliminary claim for damages by subrogation of the F additionally added in the trial are sought.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole in the statements in Gap evidence 1-1, 2, 2-1, 2-2, 3-1, 3-2, 5-1, 5, 20, 22-2, 4, 8, 9, 9, 2-2, 1, 2-2, and 3-2, 22-2, 4, 8, 9, 2-2, 1, and 3-2.

Defendant D Co., Ltd. (hereinafter “Defendant Company”) is a company operated by Defendant C, which is established for the purpose of financial business, financial consulting, etc.

B. Around April 2009, F consulted with E that 10 households of distributed G apartment can be purchased at 30% of the purchase price, and introduced B, which is a 10-year experience in the sale agency, to E. After which F and B participated in the purchase of the distributed G apartment, together with E, and eventually failed to perform the promise that E brought about 30 households of the distributed G apartment, and eventually failed to purchase the apartment. (2) The Plaintiff introduced F through L, the mother of which was known to E, around December 2009, and was recommended to purchase the apartment through L and F, which can purchase the apartment by wrapping G apartment supplied from L and F.

3) On February 2010, the Plaintiff is a single household with the lock room H apartment 34 square meters (hereinafter “locked apartment”) instead of purchasing distributed G apartment from L and F, as it is difficult for L and F to purchase it.

A) A contract was concluded between F and F on February 2010 to allow the Plaintiff to purchase one unit of the sericultural apartment, one of the apartment units that F would purchase through the Seoul Special Metropolitan City (hereinafter “instant contract”) from the Plaintiff at KRW 670 million, among the apartment units that F would purchase through the Seoul Special Metropolitan City (hereinafter “instant contract”).

B. The Plaintiff entered into a contract with the Plaintiff on February 10, 2010, KRW 120 million, KRW 150 million on February 19, 2010, KRW 150 million on February 19, 201, and KRW 100 million on February 23, 2010.