손해배상
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Defendants are those operating real estate brokerage business under the trade name of “D real estate.” The Defendants are those operating real estate brokerage business. The Defendants are those of the Yongsan-gu Seoul Metropolitan Government District Housing Association Business (Execution Company, Y. hereinafter “instant business”).
(2) On April 7, 2006, the Plaintiff recommended that the Plaintiff be a member of a regional housing association and paid KRW 62 million to the Defendants for the acquisition of the membership status. 2) The Plaintiff received a confirmation of the status of a member of a regional housing association from the Defendants, and the instant project was not carried out.
3) At the time when the Plaintiff was introduced, the instant project was not subject to business approval, and was not carried out. The Defendants deceptioned the Plaintiff as if the instant project could be carried out, thereby causing damage to the Plaintiff to pay the said KRW 62 million. Therefore, the Defendants are liable to compensate the Plaintiff for tort. (B) The Plaintiff delegated the Plaintiff with the acquisition of membership status, and the Defendants failed to perform their duties properly.
Therefore, the Defendants should jointly and severally pay to the Plaintiff KRW 62 million and its delay damages.
2 even if the above liability for return of unjust enrichment was not established, the Defendants received KRW 32 million from the Plaintiff as stated in the evidence No. 2, and the Defendants jointly and severally shall refund the Plaintiff KRW 32 million and its delay damages.
2. Determination:
A. In full view of the facts of recognition as evidence Nos. 1 through 3, Eul evidence Nos. 4 and 5, the plaintiff paid 62 million won to the defendants on April 7, 2006 as the price for the acquisition of membership status, and the defendants delivered this to F to F to FF Co., Ltd., the company implementing the business of this case. The defendants paid 32 million won to the plaintiff in full payment of the balance of the union membership status.