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(영문) 서울중앙지방법원 2015.04.02 2014가합37397
손해배상
Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 20% per annum from August 2, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is between C, D and high school, and the defendant is an employee of C engaged in real estate brokerage business.

B. On September 30, 2004, E, F, G (hereinafter “E”) and E’s ASEAN purchased land from the Korea Land and Housing Corporation on Sep. 30, 2004, and jointly built a 5th underground and the J building on August 17, 2006 on the said land with a size of 13rd above the ground (hereinafter “instant building”) to operate the sales and lease business.

C. Around November 2005, E et al. came to know of the fact that he/she is working in K K Co., Ltd. (hereinafter “Nonindicted Company”) through C and his/her friendships that he/she may assist in attracting L film theaters. Around November 2005, E et al. asked D and the Plaintiff to receive the payment for the success of attracting film theaters, so as to attract film theaterss on the instant building, and D and the Plaintiff accepted it.

On August 9, 2006, E, etc. entered into an entrustment management agreement with the non-party company as a broker of D and the plaintiff, with the content that the non-party company would operate the non-party company from the 6 to 10th of the ground of the building of this case, 8 film theaters, seat number of at least 1,430 persons.

E. On August 9, 2006, the date when the film board consignment management contract was concluded, E, etc. agreed to pay KRW 1 billion to the Plaintiff, and the Defendant for the above film board (hereinafter “instant agreement”) as the price for attracting the film board (hereinafter “instant agreement”), and written up a letter of non-performance of the following contents (hereinafter “each letter of this case”).

1.0 billion won, without terms and conditions, shall be paid to the holder of this instrument as follows:

(b) will assume all responsibilities at the time of non-performance of payments, and sign and seal it.

Payment Conditions: immediately after the commencement of sale of new coal city M

1. 50% at the time of completion of the structural works;

2. At least 50% of each letter before completion: C, D, the plaintiff, and the defendant;

F. E, etc. is the instant building around April 2007.

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