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(영문) 수원지방법원 2019.03.28 2017가단506086
대여금
Text

1. The Defendant’s KRW 78,390,000 for the Plaintiff and 5% per annum from January 1, 2017 to March 7, 2017.

Reasons

1. Facts of recognition;

A. On December 26, 2014, the Plaintiff transferred KRW 178,390,000 to the Defendant’s account, a licensed real estate agent operating an authorized brokerage office, in the name of “D” in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, with the trade name of “D,” and the total of KRW 178,390,000 among them was used to acquire the sales right from G, a buyer who purchased the apartment of Gangnam-gu, Seoul E apartment F (hereinafter “instant apartment”).

B. Of the above KRW 178,390,00, the Defendant paid KRW 87,90,000 to G as the buyer of the instant apartment among the above KRW 178,390,00, KRW 173,39,000 to G, KRW 87,90,000 paid by G to the supplier of the instant apartment, KRW 5,490,000 for the balcony expansion down payment and the first intermediate payment, ② KRW 8,000,000 for the instant apartment, and KRW 173,390,000 for the sales contract for the instant apartment from G, and paid KRW 5,000 to the Plaintiff with the commission of the Defendant.

C. Around August 22, 2016, H, who had worked as a complaint at the office of licensed real estate agents, operated by the Defendant, verified the Defendant’s intent and accordingly, prepared and delivered to the Plaintiff each of the following contents (hereinafter “instant notes”).

On October 28, 2014, 2014 relating to the resale of the E apartmentF housing unit: 10% of the sales contract 87,900,000 - 10% of the balcony expansion 2,745,000 - 2 of the intermediate payment of balcony expansion 1,745,000 (verification on the statement of payment settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement settlement

D. The Plaintiff received each of the instant apartment contracts from H, and then delivered the instant apartment sales contract (supply contract) to the Defendant via H. On August 22, 2016, the Defendant sold the instant apartment sales right to KRW 40 million to the Defendant, and details thereof.

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