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(영문) 서울중앙지방법원 2016.02.02 2015가단5089034
가계약금반환 청구의 소
Text

1. The Defendant: (a) KRW 30,000,000 for the Plaintiff and 5% per annum from May 5, 2015 to February 2, 2016.

Reasons

1. Basic facts

A. On March 12, 2015, the Plaintiff was introduced the Gangnam-gu Seoul Building (hereinafter “instant building”) owned by the Defendant through the KAF brokerage corporation on March 12, 2015, when having found the office of the imposed member.

B. The Defendant’s agent offered to the Plaintiff’s agent that the Plaintiff’s agent leased the 8th and 11th floor of the instant building to E, and explained that E was used as a high-class human being for the purpose of asking the 9th and 10th floor.

C. On the 14th of the same month, the Plaintiff agreed with the Defendant on KRW 30 million for the deposit for the 8th and 11th of the instant building, and monthly rent and management expenses, and proposed that the Defendant enter into a lease agreement on the 19th of the same month. On the 19th of the same month, the Plaintiff requested the Defendant to send the provisional contract amount, even if the lease agreement was concluded later, and the Plaintiff remitted KRW 30 million for the instant provisional contract amount (hereinafter “instant provisional contract amount”).

E, on the 15th of the same month, the building of this case was installed in a closed room on the 9th and the 10th of the same month, and there was a singing-sing device, and there was a doubt as to whether it was an entertainment drinking house to the defendant through the broker, but the defendant did not have any particular problem.

E. E and D agreed on the lease of the 8th and 9th floor instead of the 16th and 11th floor of the instant building on the 16th of the same month, but no agreement was reached as a matter of compensation for the interior cost already invested by the Defendant in the 9th floor.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness E, D, and F's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of the return of provisional contract, the provisional contract amount of this case is based on continuous negotiations for the defendant, and the plaintiff and the defendant are given as evidence that they negotiate with the other party in accordance with the principle of trust and good faith for the conclusion of a regular contract with the other party, and the plaintiff is a building of this case.

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