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(영문) 서울남부지방법원 2018.12.04 2018가단211062
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. On January 8, 2009, the plaintiffs asserted that they paid 200,000,000 won to the defendant under the condition that the defendant grants the right to sell in lots to the plaintiffs when constructing a main complex building under the reconstruction of the Yangcheon-gu Seoul Metropolitan Government D market, and if the plaintiffs enter into a sales contract with the buyer and the buyer, they would pay a certain fee to the plaintiffs (see the A evidence 1 (a) agreement). Accordingly, the plaintiff A paid 1,30,000,000 won out of 200,000 won, and the plaintiff B paid 7,000,000 won.

However, on January 22, 2009, the above (A) sales agency contract was rescinded, and the defendant decided to return the agreed amount of KRW 200 million to the plaintiffs on January 22, 2009, and a notary public issued a notarized deed (see No. 143, e., No. 143, 2009) on July 30, 209.

The defendant is obligated to return the agreed amount of KRW 200,000 to the plaintiffs, and the defendant did not return the remaining KRW 140,000,000, out of the above amount.

On the other hand, in relation to the above agreement, the defendant provided officetels to the plaintiffs as security, and the auction was conducted, and the plaintiffs received 25.3 million won as dividend.

Ultimately, the Plaintiffs did not receive a refund of KRW 114,70,000 from the Defendant (=200,000,000 - KRW 60,000,000 - KRW 25,300,000).

Therefore, the defendant is obligated to pay the plaintiff A KRW 74,55,00 equivalent to 65%, and KRW 40,145,000 to the plaintiff B.

B. The defendant's assertion that the defendant issued the above promissory note to guarantee the defendant's obligation under the premise that the defendant would later receive KRW 200 million as agreed upon by the plaintiffs, and since the plaintiffs did not have paid KRW 200 million to the defendant, the right to claim the return of KRW 200,000,000, which

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