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(영문) 광주지방법원순천지원 2014.06.19 2013가합3836
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status and relationship 1) The Plaintiff is a non-party C Co., Ltd. (hereinafter “non-party Co., Ltd.”) with the objective of real estate execution and development, construction, real estate sales agency, etc.

A person operating the real estate brokerage business. The defendant is a person who is engaged in the real estate brokerage business, and the non-party D is a land rearrangement association (hereinafter referred to as the "E association") between July 5, 2003 and January 201.

2) The land readjustment project of this case (hereinafter “instant project”)

2) On May 207, 2007, the Defendant arranged an agency arrangement for the instant project between the non-party company and E Union. The Plaintiff and the Defendant are the dong branch of elementary school.

B. On November 28, 2007, D entered into a new project implementation agency agreement with the non-party STS Urban Development Co., Ltd. (the non-party company did not prepare a contract performance guarantee as the non-party company did not prepare a contract performance guarantee, E Union entered into a new project implementation agency agreement with the non-party STS Urban Development Co., Ltd. on November 2007.

(2) On April 3, 2014, the Plaintiff asked that a majority of the civil works scheduled to be supplied with the Defendant be lent KRW 500 million to the subcontractor. The Defendant, on that spot, sent phone to the Plaintiff and changed D to lend KRW 500 million to the Plaintiff, and the Plaintiff agreed to lend part of the money to the Defendant and D. (2) On December 4, 2007, the Plaintiff arrived at a G restaurant located in the G restaurant located in Mineyang-si, the Defendant and the Defendant were in the restaurant with others at the time of the arrival of D while having provided the Defendant with the meals. However, the Plaintiff testified that on April 1, 2011, the Defendant was in the restaurant with others at the time of the arrival of D, and that the Plaintiff did not go outside the restaurant with the Plaintiff. In the previous metropolitan investigation agency located in the Seoul Regional Police Agency on April 1, 2011, the Plaintiff stated in the preparatory document as the Plaintiff and the Defendant stated on May 31, 2014.

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