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(영문) 서울북부지방법원 2014.07.02 2013가합21790
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. On August 1, 2003, Defendant B, as the Plaintiff’s agent, entered into a contract with Defendant C to purchase the instant land at KRW 320 million with the value of KRW 6512 square meters (hereinafter “the instant land”) prior to Daejeon E under the brokerage of Defendant C, Daejeon E (hereinafter “the instant land”).

(hereinafter referred to as “the instant sales contract”). (b)

The plaintiff remitted to the defendant B a total of KRW 320 million on July 30, 2003, and KRW 290 million on August 12, 2003, and KRW 320 million on August 12, 2003. The defendant B issued to D a cashier's checks, the face value of which is KRW 80 million on August 13, 2003, and one cashier's checks, the face value of which is KRW 210 million on August 14, 2003, respectively.

C. As to the instant land on August 14, 2003, the registration of ownership transfer was completed on the ground of the said sale in the name of the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10, 11, Eul evidence Nos. 1, 3, 5, 7, 8, and Eul evidence Nos. 9-1 and 2 [A's evidence No. 2 (real estate sales contract) is recognized as being based on his seal, and the whole document shall be established on the basis that the following stamp image of Eul's name is forged with the defendants, but there is no other evidence to establish the document's authenticity. The plaintiff defense that the above document was forged with the defendants, but the document's evidence No. 9 is insufficient to establish the document's seal only with the statement No. 9, and there is no other evidence to establish it.] The result of an inquiry into the Korea Stock Bank of Stock Companies of this Court into financial transaction information, the purport of the entire pleadings as a whole.

2. The judgment on the cause of the claim is the cause of the claim in this case. As long as the Defendants conspired to act in collusion with the Plaintiff that the sales amount was KRW 280,000,000,000, which was actually KRW 3220,000,000, received the difference of KRW 40,000,000 from the Plaintiff, and the Defendant B received more than KRW 40,000,00 from the Plaintiff as the Plaintiff’s agent, it shall be deemed

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