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(영문) 서울서부지방법원 2014.01.16 2013가단11570
손해배상(기)
Text

1. Defendant B shall pay 7,695,000 won to the Plaintiff and 20% per annum from June 14, 2013 to the full payment.

Reasons

1. Basic facts

A. Defendant C was working as the head of the D Co., Ltd. (hereinafter “D”), and was in charge of the management of business employees and the bruping of customers, etc., and Defendant B was working as a business employee of D.

The plaintiff, as the introduction of the defendants, between D and D:

It entered into a sales contract, such as Paragraph 1.

B. On March 8, 2011, the Plaintiff entered into a sales contract of KRW 330.58 square meters (100 square meters) out of the land located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) owned in E, and paid KRW 77,695,000 to D as the sales price.

On the other hand, D decided to purchase 8,926 square meters of the instant land from the same clan on January 7, 2011, but failed to pay the purchase price to the same clan by April 7, 201, which is the remainder payment date, and even if the Plaintiff failed to perform the registration of ownership transfer pursuant to the said sales contract.

C. On the other hand, on November 25, 201, Defendant B entered into a written statement of payment stating that “I, on the other hand, enter into an agreement with the Plaintiff on 100 square meters of the instant land as of March 8, 2011, the registration has been delayed until the date of the registration in the Dispute Resolution D (the executive staff was being investigated by the president, the secretary, and the executive director due to the company’s circumstances) and the Economic Team of the Gangnam Police Station as of Gangnam Police Station and the Prosecutors’ Office, but, on the other hand, I would like to take all responsibility for the principal in the event of unavoidable occurrence of the normal conditions and conclude it by March 31, 2012.”

After that, the Plaintiff did not transfer ownership of 100 square meters out of the instant land from D, and around March 25, 2013, sent to D a content-certified mail to seek the return of the purchase price on the ground of contractual breach.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 2 and 3, the purport of the whole pleadings

2. Plaintiff’s claim against Defendant B

A. The Plaintiff’s assertion (1) against the Defendant B is the letter of payment as of November 25, 201.

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