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(영문) 대전지방법원 2018.11.21 2018가단11869
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 32,50,000 won and the period from May 24, 2018 to November 21, 2018.

Reasons

1. Basic facts

A. On July 2017, the Plaintiff received a request from the Defendants, who had been suffering from financial difficulties, to sell E forest land 1,959 square meters, F forest land 546 square meters, G forest land 37,587 square meters (hereinafter “each of the instant real estate”), which are owned in the name of ASEAN, in order to request the Defendants to sell the same. If the Plaintiff successfully sells the same, it would be paid KRW 75 million from the Defendants. The Plaintiff was drafted a certificate of borrowing money (hereinafter “the instant certificate of borrowing money”) with the content that the amount borrowed is KRW 75 million and the due date is December 1, 2017.

B. On November 1, 2017, the Plaintiff and H mediated the sale and purchase of each of the instant real estate with I qualified as a licensed real estate agent to J (hereinafter “J”) and K. Ultimately, among the instant real estate, a real estate sales contract was concluded between D and J with respect to the amount of KRW 2.28 million for the purchase price of each of the instant real estate as to the amount of KRW 37,587 square meters of Asan-si G forest in Busan-si. On December 19, 2017, the real estate sales contract was concluded between D and K with respect to the amount of KRW 1,959 square meters of Asan-si E forest in Busan-si and KRW 546 square meters of a F forest in terms of the sales price of KRW 22,200 million between D and K.

(C) Each of the above contracts for the sale of real estate (hereinafter “each of the instant contracts”).

The Defendants paid 25 million won to I on October 31, 2017 as the brokerage commission for each of the instant sales contracts, respectively, to the Plaintiff on December 21, 2017, 5 million won, and 30 million won to I on April 19, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 2-1, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 2-1 through 3, witness H's testimony, witness I's witness I's testimony, part of witness I's testimony, the purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the J, Inc. was aware of the intent to purchase each of the instant real estate while seeking to purchase the instant real estate with H and I, and that the Plaintiff was established on each of the instant real estate.

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