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(영문) 전주지방법원 2018.11.09 2018가단9403
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 12,366,623 and the interest rate thereon from August 30, 2018 to the date of full payment.

Reasons

1. Basic death:

(a) Defendant B is the trade name of “E Real Estate Brokerage Office” in Jeonju-si, and Defendant C is a person operating each real estate brokerage office in the name of “G” in Jeonju-si, Seoul-si.

B. On September 2015, the Plaintiff was recommended by the Defendants to purchase the right to sell the land for livelihood countermeasures in the former State-si, Jeonju-si, and was selected as a person subject to the livelihood countermeasures in the former State-based F zone as a broker by the Defendants, and entered into a sales contract with H’s right holding the right to sell the land for livelihood countermeasures (hereinafter “one association sale right”) and I’s right to purchase the land for livelihood countermeasures (hereinafter “two association sale right”) on the following terms:

C. According to the above sales contract, the Plaintiff transferred KRW 48,00,000, totaling KRW 48,000,000 to the K Bank account under the name of Nonparty J, which was designated by Defendant C as a premium, on September 8, 2015, and KRW 38,00,000 on September 11, 2015.

The Plaintiff paid all the remainder except for premium on each of the above sales rights from December 14, 2015 to December 29, 2016.

E. On the other hand, on June 24, 2016, the Defendants drafted a written pledge stating that “The Defendants seem to have been the disadvantaged party of the “Fristium” in the amount of KRW 48 million up to March 2018 with respect to 2 cases of the right to sell the 15th and 2 cooperatives,” “The Defendants are to purchase each of the said associations (48 million) if they are unable to purchase and sell the said association’s ownership.”

(f) The Plaintiff incurred loss of KRW 4,522,626 ( KRW 39,704,40 - KRW 35,181,774) by selling to a third party on December 11, 2017 at KRW 35,181,74, upon the introduction of the Defendants from the Haman on December 11, 2017, the Plaintiff incurred loss of KRW 4,522,626 ( KRW 39,704,40 - KRW 35,181,74). The Plaintiff sold the right of sale to the Association on August 10, 2018 at KRW 43,392,135 again at KRW 43,843,97 ( KRW 51,236,112 - 43,392,135).

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 3, 4 (including each number), Gap 5 to 9 evidence, Gap 10 evidence 1 and 2.

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