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(영문) 광주지방법원 2016.11.22 2016가단501830

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 112,00,000 and for this, KRW 5% per annum from August 20, 2015 to February 1, 2016.

Reasons

1. Basic facts

A. On August 3, 2015, Defendant B forged the “written promise of transfer and takeover” and “written performance” to the same purport as the “written contract for sale of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership of ownership

B. Defendant B had the intent to acquire money by means of selling the instant sales right using a forged sales contract, etc. Around that time, Defendant C, a broker assistant of Defendant D’s “I Licensed Real Estate Agent Office” located in Gwangju Mine-gu, requested Defendant C to sell the instant sales right.

C. On August 13, 2015, Defendant B, as a broker of Defendant C, presented a sales contract, etc. with the Plaintiff or forged at the “I Licensed Real Estate Agent Office” and concluded a sales contract with the Plaintiff and the Plaintiff who responded thereto, selling KRW 120 million in the purchase price (hereinafter “instant sales contract”). On August 20, 2015, Defendant B signed a sales contract with the Plaintiff for sale of KRW 120 million in the purchase price (hereinafter “instant sales contract”). A notary public notarized “written promise of transfer and takeover” related to the instant sales contract as the Plaintiff’s certificate No. 1807, 2015.

According to the instant sales contract, the Plaintiff paid Defendant B the purchase price of KRW 30 million on August 13, 2015, KRW 36 million on August 20, 2015, KRW 120 million on August 20, 2015, and KRW 54 million on August 21, 2015.

E. Defendant C was paid KRW 5 million from Defendant B as a brokerage commission, and KRW 2 million from the Plaintiff on August 14, 2015.

[Ground for recognition] Defendant B: The written statements and arguments of confession (Article 150(3) and (1) of the Civil Procedure Act): Defendant C, D, and the Korean Licensed Real Estate Agent Association: Evidence No. 1, Evidence No. 2-1 and 2-2, Evidence No. 3, Evidence No. 4-2, and evidence No. 4-6.