손해배상(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The appeal costs.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 7, 2017, the Plaintiffs purchased the lease deposit amount of KRW 1.6 billion (the contract amount of KRW 160 million, the intermediate payment of KRW 30 million, March 7, 2017; the remainder of KRW 89 million, May 9, 2017; and the Plaintiffs purchased the lease deposit amount of KRW 250 million, in lieu of payment of the purchase deposit) from Nonparty E and the down payment of KRW 1.6 million to E on the same day (hereinafter “instant sales contract”).
B. Defendant C mediated the instant sales contract as a licensed real estate agent, and Defendant D assisted the brokerage of Defendant C’s spouse as Defendant C’s spouse.
In addition, with respect to the remuneration for the brokerage of the sales contract of this case, the plaintiffs and the defendant C shall pay the mediation remuneration to the defendant C in lieu of the plaintiffs, and the total amount of the remuneration was set at KRW 20 million.
C. On February 23, 2017, at the time of the conclusion of the instant sales contract, the Plaintiffs requested the E to submit a medical certificate, etc. as to the existence of E’s mental disorder, but the E did not comply with the request.
The Plaintiffs did not pay the intermediate payment under the instant sales contract until March 7, 2017, which was the due date for payment, and E notified the Plaintiffs on March 8, 2017, that “The intermediate payment of the instant sales contract shall be paid until March 17, 2017, and if not, the instant sales contract shall be automatically rescinded.”
However, the Plaintiffs did not pay part payments to E by March 17, 2017.
E. The Plaintiffs are led to the conclusion of the instant sales contract and E on April 7, 2017.