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Reasons
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(영문) 의정부지방법원고양지원 2016.06.02 2015가단83418
손해배상(기)
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s alleged Defendants: (a) mediated a sales contract for the sales right of Gangseo-gu E neighborhood living facilities No. 103 (hereinafter “the instant building”) with the Plaintiff and D; (b) had not been delegated by the seller D to pay the premium to KRW 30,00,000,000; (c) deceiving the Plaintiff as if he was delegated the premium to the Plaintiff as KRW 30,000,000, thereby deceiving the Plaintiff to obtain the said KRW 30,000 from the Plaintiff.

Therefore, the Plaintiff revoked the mediation contract with the Defendants and claimed the refund of KRW 30,000,000 and KRW 4,000,000 paid to the Defendants.

2. The judgment D sold the sales right to the instant building on April 4, 2015 to the Plaintiff. The Defendants and F arranged the said sales contract; the Plaintiff paid D sales price of KRW 49,000,000 to D; and the Defendants paid KRW 30,000,000 to the Defendants as a broker fee and KRW 4,00,000 to the Defendants (transfer to G’s account designated by the Defendant) do not conflict between the parties.

However, in the above facts, Gap evidence Nos. 6, 7, and Eul evidence Nos. 2 through 7, each of the following circumstances that can be acknowledged by comprehensively considering the purport of the entire pleadings, Eul entrusted H with the whole sales contract for the building of this case. Eul paid 16,500,000 won remaining after deducting the above consulting fee from the defendants, and 30,000,000 won out of the premium shall be the 10,000 won, and 10,000,000 won out of the premium shall be the consulting fee of the defendants and entrusted the mediation to the defendants. The defendants knew that 30,000,000 won received from the plaintiff under the pretext of the premium was the brokerage fee of the sales contract of this case and paid 16,50,000 won remaining after D with the above consulting fee of 16,500,000 won, and 300,000,0000 interest rate for the plaintiff and the defendants' statement of this case.

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