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(영문) 수원지방법원 2019.01.24 2017나78889
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal against the defendant shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The reasoning for this part of the underlying facts is as follows, and this part of the reasoning is cited by the court of first instance inasmuch as the corresponding part of the judgment is identical to the corresponding part of the judgment of the court of first instance, except for the addition of a part of witness C to the grounds for recognition as follows.

【Defendant B” as “B,” and Defendant C as “C,” respectively.

The third written judgment of the court of first instance, the third written judgment of the court of first instance and the third written judgment of the court of first instance are as follows.

B. The Defendant and C are employees working at each separate licensed real estate agent office. The Defendant introduced the instant business to C, and C again recommended the instant business to the Plaintiff. Upon C’s recommendation, the Plaintiff transferred KRW 25,000,000 on June 15, 2012 and KRW 5,000,000 on June 29, 2012 to the account in the name of C for the purpose of investing in the instant business, and Defendant C again remitted KRW 25,00,000 out of the said money to the account in the name of B.

2. The parties' assertion

A. The Plaintiff’s assertion, B, and C (hereinafter referred to as “the Defendant, etc.”) entered into an agreement with the Plaintiff that, if the Plaintiff pays KRW 25 million out of the business funds of the instant project promoted by B along with E, the sales price of the instant project would be reduced to KRW 25 million at the time of sale, or that the sales price would be reduced to KRW 45 million, or that the Plaintiff would return KRW 45 million (hereinafter “instant agreement”).

Although the Defendant, etc. received KRW 25 million pursuant to the above agreement and agreed to sell the instant building to the Plaintiff, it was sold to N. As such, the Defendant, etc. is jointly obligated to pay the Plaintiff KRW 45 million as agreed amount, settlement amount, unjust enrichment, and damages claim due to nonperformance of obligation.

B. The defendant's assertion that the defendant introduced the business of this case to the plaintiff who is a branch of C, and directly promised to sell the business to the plaintiff.

did not agree to return KRW 45 million.

3. Determination.

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