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(영문) 수원지방법원성남지원 2016.04.21 2014가합206033
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2007, C and the Defendant concluded a service contract with D and E (hereinafter “instant service contract”) with the content that C, as a general hospital site, purchased F forest land of 35,000 square meters (hereinafter “instant land”), and D, etc. shall pay C a purchase fee of 60 million won (hereinafter “instant service contract”).

B. D et al. received the introduction of C et al. to vicariously purchase the instant land through the Defendant, and the Defendant became a party to the instant service contract upon the request of D et al. to jointly and jointly bear the duty to refund fees when the instant service contract is terminated.

C. According to the instant service contract, the purchase fee is KRW 50 million for the first vehicle, KRW 250 million for the second vehicle, KRW 300 million for the third vehicle, and KRW 300 million for the third vehicle (in the event that the purchase of land is completed, within 10 days for the completion of the purchase of land), and in the event that the purchase procedure does not proceed smoothly, C and the Defendant agreed to return KRW 50 million for the total sum of KRW 50 million for the first vehicle and the second vehicle among the fees paid (=25 million + KRW 250 million) to D, etc.

D et al. paid KRW 50 million to C on the date of the instant contract, and paid KRW 250 million to C in the presence of the Defendant in November 2007, in the presence of the Defendant in November 2007.

E. Meanwhile, at the time of the conclusion of the instant service contract, C agreed to distribute part of the fee to the Defendant under the pretext of introduction if there is a benefit arising from the instant service contract, and immediately after having received the secondary amount of purchase commission from D, etc., C paid the Defendant KRW 120 million among them at the Defendant’s request.

F. The Defendant and C, on January 22, 2008, keep 275 million won from G Hospital (150 million won) and the Defendant (120 million won) in cash, with each of them added up to the G Hospital at the time when the decline does not want.

except that;

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