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(영문) 수원지방법원 2017.11.30 2017나8231
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 22, 2016, the Plaintiff entered into a sales contract with Nonparty C, a licensed real estate agent, by setting the sales price of KRW 275,000 and KRW 203 (hereinafter “instant apartment”) from the said C, with the brokerage of the Defendant, to pay the down payment of KRW 3,000,000 on the same day, and the remainder of KRW 272,00,000,000 on September 9, 2016 (hereinafter “instant sales contract”).

B. On August 22, 2016, the Plaintiff paid the down payment of KRW 3,000,000 to C, and KRW 210,000,000 out of the remainder, upon introduction by the Defendant, paid the loan from the National Bank of Korea to C.

C. Meanwhile, in the apartment of this case, the registration of creation of a mortgage on the first priority basis of the establishment of a mortgage on the right to collateral security, the National Bank of Korea, the maximum debt amount of 60,000,000 won, and the establishment of a mortgage on the second priority basis of the establishment of a mortgage on the right to collateral security, and the maximum debt amount of 42,90,000 won, were completed respectively, and the lessee who paid the lease deposit of 180,00

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the Plaintiff’s assertion is a licensed real estate agent who is obligated to mediate the instant sales contract with the care of a good manager so that it can be concluded without any problem, the Defendant cancelled the registration of the establishment of the neighboring real estate of this case for which the Plaintiff is obligated to cancel the registration of establishment of the real estate of this case with the loan received by the Plaintiff, and eventually, the instant sales contract was no longer concluded, and the

Therefore, the Defendant’s damages amounting to the Plaintiff: KRW 3,00,000; KRW 3,000; KRW 1,000,000; KRW 1,000; KRW 1,00,000; and KRW 300,000 for cleaning expenses; KRW 3,90,000; KRW 3,000 for cleaning expenses; and KRW 3,248,00 for eating expenses; and KRW 2,000 for consolation money.

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