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(영문) 서울중앙지방법원 2017.07.20 2016가합537143
손해배상(기)
Text

1. The Defendants jointly share KRW 195,737,904 with respect to the Plaintiff and the period from July 5, 2016 to July 20, 2017.

Reasons

1. Basic facts

A. From June 23, 2009, Defendant C served as a brokerage assistant in the “E Real Estate” located in Songpa-gu Seoul Metropolitan Government as a broker, and Defendant B (referring to the name after the opening of name, regardless of whether the name was transferred or later; hereinafter the same shall apply) served as the female of Defendant C from August 23, 2009 to June 201, Defendant C served as a brokerage assistant in the “G Real Estate” located in Songpa-gu Seoul Metropolitan Government D from August 201 to 2013.

B. 1) The Plaintiff was urged by Defendant B to newly construct I in Gangnam-gu, Seoul and to purchase two greenhouses located in J, K, and their right of cultivation in the vicinity of the purchase by Defendant C, if the Plaintiff purchased two greenhouses located in J, K, and the right of cultivation, and then was entitled to purchase an officetel or commercial building as compensation for livelihood measures from the SH Corporation. If there is any error, the Plaintiff would be entitled to all compensation. (2) On January 6, 2012, the Plaintiff agreed to purchase two greenhouses located in Gangnam-gu, Seoul, J and K and its right of cultivation from Defendant C to purchase KRW 1.60 million in total (hereinafter the above sales contract in this case and the two greenhouses purchased by the Plaintiff through the instant sales contract in this case were remitted to Defendant B’s deposit account including the above money and the Plaintiff’s loan amount of KRW 39 million to Defendant B and the Plaintiff’s loan amount of KRW 90 million.

3) However, Defendant C did not have acquired the instant vinyl facilities and the right to cultivate them at the time. Even if the Plaintiff purchased the instant vinyl facilities and the right to cultivate them, Defendant C did not have any guarantee that the Plaintiff would be entitled to purchase the instant vinyl facilities and the right to cultivate them from the SH Corporation. Defendant C did not have any intent or ability to compensate the Plaintiff if the Plaintiff was unable to obtain the right to sell (the act of acquiring the money in the name of the said purchase price as seen above is referred to as “the act of

C. The Plaintiff’s instant vinyl site around May 2013, as well as the instant vinyl house site.

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