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(영문) 부산지방법원동부지원 2020.05.20 2019가합101839
손해배상(기)
Text

1. The Defendants jointly share KRW 20,000,000 to Plaintiff A, and KRW 20,000,000 to Plaintiff B, and each of them on May 11, 2019.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) The parties concerned purchased a large number of real estate as a broker of the Defendants engaging in real estate business, including purchasing 3832 m2 m2,000,000,000,000 won in Kim Jong-si, Kim Jong-si, on June 2015. 2) The Plaintiffs asserted that “In the course of mediating the above real estate by the Defendants, the Defendants notified the Plaintiffs of the amount consulted with the sellers in a false manner, received money exceeding the actual purchase amount from the Plaintiffs, and then received money exceeding the actual purchase amount from the Plaintiffs, and then filed a complaint against the Defendants under suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendants on March 28, 2019. The Plaintiffs and the Defendants drafted the following agreement with the Defendants on April 11, 2019 in relation to the damages suffered by the Plaintiffs due to the real estate mediated by the Defendants.

(A) Evidence No. 35, hereinafter “instant agreement” or “instant agreement”). The main contents are as follows:

The plaintiffs and the defendants agree to the agreement of this case as follows.

1. Payment amount, payment period, etc. of damages;

A. The Defendants shall pay to the Plaintiffs a total of KRW 1.9 billion by May 10, 2019.

Where the Defendants fail to pay the above money to the Plaintiffs, 15% interest per annum on the remaining amount shall be paid in addition to the remaining amount from the following day to the day of full payment.

B. The remaining parties agree to receive the above money as representative A of the plaintiffs.

5. The Plaintiffs to be suspended from filing a complaint following the agreement did not proceed with civil or criminal procedures while the agreement between the Defendants and the Defendants was reached, and they did not undergo investigation as to the matters on which the Defendants filed a complaint, including the statement by the complainant.

6. Handling of criminal complaints and civil lawsuits filed by the plaintiffs

A. The Plaintiffs are the Plaintiffs.

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