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(영문) 서울중앙지방법원 2014.11.18 2014가합529964
손해배상 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”), which manufactures and sells cosmetics, and Defendant B is the representative director of Defendant Ko Bank Co., Ltd. (hereinafter “Defendant Bank”).

B. The Plaintiff introduced the real estate listed in the separate sheet (hereinafter “instant real estate”) from E Co., Ltd. F as an intermediary assistant F, and, around February 10, 2012, as the introduction of F around February 10, 2012, the Plaintiff agreed to obtain a loan of KRW 4 billion as security for the purpose of using the said real estate as a fund for purchasing the instant real estate from Defendant B and Man or Defendant Bank, and consulted on the terms of the loan

(hereinafter referred to as the “instant loan”) a loan granted by the Plaintiff from Defendant Bank.

On February 24, 2012, the Plaintiff purchased the instant real estate between G and H as a broker, and entered into a sales contract with G to pay the remainder KRW 4.75 billion on the date of the contract, and the remainder KRW 200 million on June 29, 2012 (hereinafter “instant sales contract”), and paid the down payment KRW 200 million on the same day to G.

The contract of this case contains a special agreement that “The balance will be replaced with the loan, and the seller will cooperate with the loan.”

On June 26, 2012, after the date of the remainder payment of the instant sales contract was three days prior to the date of the instant sales contract, the Plaintiff: (a) prepared a performance note stating that “The seller (G and H) shall receive the remainder of KRW 4.75 billion and transfer ownership on June 29, 2012 according to the instant sales contract; (b) but, at the request of the buyer (referring to the Plaintiff; hereinafter the same shall apply), cooperate with the buyer by July 31, 2012. If the remainder is not paid in full within the prescribed period, the instant sales contract was rescinded, and the buyer shall waive the down payment amount of KRW 200 million (hereinafter “instant performance note”).

E. Defendant B.

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