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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is a certified intermediary, and Defendant C is an assistant of Defendant B.
The Plaintiff’s husband D is a person who has sold four commercial buildings (hereinafter “each of the instant commercial buildings”) under the name of the Plaintiff, which is scheduled to be newly built and sold by the Defendants as the main lines of the Defendants.
D and Defendant B had a pro rata relationship before entering into each of the instant shopping districts contracts (hereinafter “Plaintiff”). B. The Plaintiff entered into the instant sales contract and paid down payment, as follows, concluded a sales contract and paid down payment.
Down payment for the sale price in the one-day shopping district contract E. F. F. 1,004,137,500 won 1,004,137,413,750 won G, 1,004,500 won 1,500,413,750 won H on November 12, 2018 828,476,600 won 82,847,660 won 82,60 won 82,847,660 won J. 1, 202,247,400 won 10,224,740 won / [founded grounds] The purport of the whole entries and changes in evidence under subparagraphs 1, 2, and 2 of this Article is without dispute.
2. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion 1) The Plaintiff was sold each of the instant commercial buildings as a broker by the Defendants.
At the time, even if the funds owned by the Plaintiff were not less than 400 million won, the Defendants would receive a sales agency fee from the seller of each of the instant commercial buildings; and if the Plaintiff would be sold each of the instant commercial buildings to the Plaintiff, the Plaintiff would be able to obtain profits by arranging the resale of the sales authority before the payment date of the remainder or before the date of the fourth installment payment.
The Plaintiff promised to pay the down payment after concluding the contract for sale in trust with the Defendants’ horses.
Therefore, the Defendants did not seek a person to purchase the sales right, unlike the promise, and eventually, the Plaintiff failed to pay the balance by the payment date of the remainder, and the contract deposit that the sales contract was cancelled and paid was confiscated. Accordingly, the amount of damages suffered by the Plaintiff is KRW 301,052,240.
2) The Plaintiff’s negligence on the Plaintiff’s damages shall be considered to the extent of 50%.