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(영문) 대구지방법원 서부지원 2018.04.11 2017가단54552
손해배상(기)
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. Defendant C is a person running real estate brokerage business under the trade name of “D real estate”, and Defendant C is a brokerage assistant for Defendant C and a person running the facility business rights brokerage business, etc. under the trade name of “E”. The Plaintiff is a person who, as a broker for Defendant C and B, purchased the real estate, fixtures, facilities, and business units of the Daegu-gu Office G located from F and the “K Emart” located in J (hereinafter the above two Emart collectively referred to as “the instant Em”), and the Defendant Korea Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant C on July 11, 2016 with the mutual aid agreement from July 11, 2016 to July 10, 2017.

B. On August 24, 2016, the Plaintiff entered into a contract with F to purchase all of the instant marina’s real estate, fixtures, facilities, and business rights as a broker with Defendant B and L (hereinafter “instant sales contract”). Of the instant marina, the Plaintiff paid a down payment for Hart 30 million won on the date of the contract, 30 million won on August 30, 2016, 30 million won on intermediate payment, and 30 million won on September 23, 2016, respectively. Accordingly, the Plaintiff paid a down payment for the remainder to F on August 24, 2016, 30 million won on the part of part payment on August 30, 2016, and 30 million won on the part of part payment on August 30, 2016.

C. On September 10, 2016, M, who was engaged in the business of the instant marina together with F, would not re-investment 500 million won to the Plaintiff, which was already invested, and there was a dispute with the Plaintiff, F, and M with respect to the implementation of the contract. The Plaintiff prepared a letter of commitment with F, stating, “I give up the case of purchase and sale of the monthly Neart and the case of the lease of the Heart in Heart located in F, 119, and that I give up,” and received a promissory note from F, which is issued at the face value of the down payment and intermediate payment in return of the down payment.

On the other hand, F entered into a contract for the second sale of this case with Defendant B.

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