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(영문) 수원지방법원 2016.06.30 2016나148
손해배상(기)
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. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff: (a) delegated a brokerage act to the Defendant for the purchase of the Young-gu C Apartment Nos. 839, 1303 (hereinafter “instant apartment”); (b) paid KRW 2,00,000 for the provisional contract amount; and (c) decided to prepare a seller and a sales contract on August 11, 2014; and (d) as the seller of the instant apartment, D, a seller of the instant apartment, has not requested the Plaintiff to pay the down payment or the intermediate payment additionally.

Nevertheless, the Defendant urged that the provisional contract amount paid by the Plaintiff is low or that part payments are paid during the Plaintiff’s’s work, and thus, made it impossible to purchase the apartment of this case by allowing the Plaintiff to purchase the apartment of this case by impliedly examining the Plaintiff’s contact details. In violation of Article 33 subparag. 4 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, the Defendant affected the Plaintiff’s judgment by false words and other means concerning important matters in the transaction, and thereby, suffered property damage equivalent to KRW 2,00,000,000 in the provisional contract amount.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 2,000,000 as damages for tort and damages for delay.

B. In light of the following facts and circumstances, each of the statements in Gap evidence Nos. 1 through 4, and evidence Nos. 7, the plaintiff was delegated by the plaintiff as an intermediary act for the purchase of the apartment of this case on the sole basis of the circumstances or evidence of the plaintiff's internal tax credit.

It is not sufficient to recognize that the plaintiff caused property damage to the plaintiff as a result of the plaintiff's excessive judgment by means of false words and behavior or by other means concerning important matters in transaction while handling the business, and there is no other evidence to acknowledge it otherwise.

Therefore, the prior plaintiff's assertion on a different premise is added to the remainder.

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