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(영문) 창원지방법원통영지원 2016.05.19 2014가합2781
손해배상(기)
Text

1. Defendant B’s 30,000,000 won and the interest rate of 15% per annum from November 4, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B and C, a brokerage assistant of “E Licensed Real Estate Agent”, requested from G operating the F Licensed Real Estate Agent’s Office at the end of May 2014, to find buyers of HJ-441 square meters (hereinafter “instant land”) and above-ground buildings (hereinafter “each of the instant real estate”), and introduced the Plaintiff’s husband I each of the instant real estate.

B. On June 2, 2014, as to each of the instant real estate, a sales contract with Defendant D, a buyer, and Nonparty 1,263,00,000, and a broker G (hereinafter “instant sales contract”) was concluded, and 120,000,000 won out of the sales price was paid as of August 5, 2014, respectively.

C. The special terms and conditions of the instant sales contract include the following: “The ownership of the purchaser may change at the time of war, and the seller agrees without objection (Paragraph 2); and “In the event of payment not made at the time of payment in balance on the date of payment in balance, the contract becomes null and void and the down payment shall be deemed a penalty (Paragraph 3).”

On June 3, 2014, the Plaintiff remitted to Defendant D the down payment of KRW 120,000,000 for the instant sales contract, and the Plaintiff paid KRW 1,000,000 for the instant sales contract’s brokerage commission.

E. Defendant D did not receive any balance on the payment date of the remainder under the instant sales contract, and around September 25, 2014, Defendant D forfeited the down payment to the Plaintiff as penalty, and sent a certificate of content that the sales contract was rescinded.

F. In the Changwon District Court case No. 2015 Godan958, Defendant B, on April 7, 2016, “Defendant B would deliver to G the amount of money in the name of commission, so Defendant B would pay 30 million won to G, thereby delivering it to G.

“Falsely speaking,” but in fact G is money in the name of commission to Defendant B through Defendant B.

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