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(영문) 광주지방법원 2015.11.11 2015나6216
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. D and F, which was proposed by Defendant E to purchase the G and H factory sites in Jeonnam-gun and H and their above ground buildings (hereinafter “instant real estate”), decided to purchase the instant real estate in KRW 330,00,000 as the intermediary of real estate broker B, and the instant real estate owned by I and the said B, on September 23, 2013, and the first down payment of KRW 10,000,000 on the date of the contract, and the second down payment of KRW 20,00,000 on October 4, 2013.

(hereinafter “instant sales contract”). B.

At the time of the conclusion of the instant sales contract, D and F borrowed KRW 16,000 from Defendant C, which was introduced by Defendant E, and KRW 10,000,000 among them was used as the first down payment of the instant sales contract, and the remainder of KRW 6,00,000 as the brokerage commission for B.

C. On October 4, 2013, the Plaintiff prepared a written confirmation of the following contents with the Defendants (hereinafter “instant confirmation”) and signed the name and telephone number, Defendant C entered the name and the resident registration number, Defendant E entered and sealed the name and the resident registration number, and D entered and sealed the name, telephone number, and resident registration number.

On the same day, 23,00,000 won was remitted to B.

- Daily gold: 24 million won shall be paid in 24 million won by being secured until October 8, 2013 on the land of the Dayang-gun in order to borrow 24 million won daily gold and 24 million won on October 4, 2013.

· Provided, That if the J contract is not available, 24 million won shall not be paid.

- A Ha on October 4, 2013, 105 K 105/L M N Licensed Real Estate Agents and Confirmations, CO D P E

D. B out of the above KRW 23,000,000, 20,000 shall be paid to I as the second down payment under the instant sales contract, and the remainder of KRW 3,000,000 has been appropriated for its brokerage commission.

E. After formulating the instant confirmation document, the name of the purchaser of the instant real estate under the instant sales contract was changed from D and F to Defendant C.

F. The area is originally 505 square meters, written in the instant written confirmation.

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