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(영문) 서울중앙지방법원 2015.09.23 2013가단5113353
손해배상(기)
Text

1. Defendant B shall pay 24,300,000 won to the Plaintiff and 20% per annum from September 24, 2015 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff: (a) transferred the instant store to F on June 14, 2012 to F as the broker of the D Licensed Real Estate Agent Office (hereinafter “instant office”) of D Licensed Real Estate Agent E (hereinafter “instant office”) and leased the instant store to F; (b) the Plaintiff paid KRW 30,00,000 to the Plaintiff the deposit to be returned to the Plaintiff on behalf of the Plaintiff; (c) the Plaintiff paid KRW 150,000,000 to the Plaintiff for the deposit to be returned to the Plaintiff; (d) the Plaintiff paid KRW 15,500,000 to the Plaintiff’s non-party company in arrears to the non-party company; and (e) the Plaintiff paid the deposit to the non-party company in arrears to the non-party company in lieu of the deposit to the non-party company; and (e) paid the deposit to the non-party company in arrears to the non-party company in lieu of the deposit to the non-party company; and (c) paid the deposit to the non-party company as the non-party company’s provisional disposition.

(hereinafter “instant contract”). B.

On June 14, 2012, pursuant to the instant contract, F paid 30,000,000 premium to the Plaintiff, and 15,000,000,000 as down payment to the non-party company, respectively, and the Plaintiff paid 10,00,000,000 won to E as the brokerage commission (hereinafter “the instant first fee”).

C. As the non-party company was unable to withdraw provisional attachment, etc. under the instant contract, F rescinded the contract, and E concluded the contract from the Plaintiff, stating that “E shall return KRW 35,000,000 to F in lieu of the Plaintiff’s payment of KRW 15,00,000 in arrears to the non-party company, in lieu of the Plaintiff’s payment of the down payment that the F paid to the non-party company to the non-party company. However, since the instant contract was non-existent, the Plaintiff was to return KRW 15,00,000 to F.

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