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(영문) 서울남부지방법원 2018.11.09 2018나1020
대여금반환
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. The ground for the plaintiff's claim;

A. The summary of the cause of the claim is as follows: (a) while working in the real estate brokerage office, the Plaintiff arranged an exchange contract with respect to C. 198 square meters owned by the Defendant (hereinafter “instant real estate”); and (b) the Defendant was obligated to pay the Defendant the remainder of KRW 35 million on February 24, 2017 (related to the secondary exchange contract), ② KRW 10 million on March 8, 2017 (related to the third exchange contract), ③ KRW 10 million on March 20, 2017 (E related), ④ KRW 56 million on May 19, 2017, KRW 35 million on loan (additional loan) to the Plaintiff, but the Defendant was obligated to pay the remainder of KRW 1.5 million on loan to the Plaintiff (i.e., KRW 25 million on loan).

B. (1) Around January 2017, the Plaintiff entered into an exchange contract with the Defendant to sell or purchase the instant real estate, and the Defendant, on January 25, 2017, exchanged the instant real estate with the F, G, and H (hereinafter “instant so-called “instant real estate”) owned by the Plaintiff, and paid the Defendant an additional amount of KRW 10 million.

The Defendant issued documents necessary for the registration of transfer of ownership to D and issued a comprehensive delegation letter that, through the Plaintiff, paid KRW 10 million to I, a co-owner of the real estate so dispatched, fulfilled all the obligations under the exchange contract by paying KRW 10 million to the Plaintiff. However, the Defendant issued a comprehensive delegation letter that, while exchanging goods that may give more benefit to the Plaintiff, grants the right of representation for the additional exchange contract

(2) Under the second exchange contract, the Plaintiff arranged for the exchange with K in Yang-gun of Gyeonggi-gu, J (hereinafter “instant Yangyeong-gun”), and the Defendant concluded an exchange contract with J on February 24, 2017.

The defendant shall be 35 million won to J in the second exchange contract.

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