beta
(영문) 서울동부지방법원 2014.07.17 2013가단45267

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 30, 2006, the Plaintiff received 112,600,000 won from the Defendant as the sale price for the sale at around November 30, 2006 upon receipt of a request from the Defendant to sell one unit of the right to lease of a store located in Jung-gu, Seoul (hereinafter “instant commercial building”).

B. After that, as the Defendant wants to purchase one unit of the right to lease of the store of this case, the Plaintiff received additional remittance from the Defendant for the purchase price of 87,400,000 won around May 25, 2007. Accordingly, the amount transferred by the Defendant to the Plaintiff for the sale price of 2 unit of the right to lease of the store of this case was KRW 200,000,000.

C. On July 12, 2007, through the Plaintiff and C, the Defendant concluded a sales contract in which the sales price per unit was KRW 119,350,000 between the Plaintiff and the sales agent of the instant commercial building, which is KRW 119,350,00, and the Defendant purchased two unit of right of lease (hereinafter “instant sales contract”).

Accordingly, the Plaintiff paid for the Defendant KRW 4,80,00 on July 11, 200, KRW 200 on July 11, 2007, KRW 20,940,00 on July 12, 2007, KRW 35,805,000 on September 27, 2007, KRW 35,805,000 on March 25, 2008, KRW 35,805,00 on March 25, 208, KRW 35,805,00 on July 25, 2008, KRW 17,902,50 on December 26, 208, KRW 17,90 on December 29, 200, KRW 308, KRW 307,308,00 on December 28, 209, KRW 20037; and

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. The assertion;

A. The Plaintiff, on behalf of the Defendant, purchased two parts of the right to lease the store in this case for the Plaintiff, and paid the Plaintiff KRW 238,700,000 in total to the Bagn F&C. As such, the Defendant, from the above KRW 238,70,000 to the Plaintiff, less the remainder of KRW 200,000,000, excluding the Defendant already paid to the Plaintiff as the price for parcelling-out.