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(영문) 부산지방법원 2016.10.20 2014가합6452
손해배상(기)
Text

1. The Defendants jointly share KRW 216,873,60 with respect to the Plaintiff and the period from May 13, 2014 to October 20, 2016.

Reasons

Basic Facts

1) The Plaintiff entered into a sales contract of this case 1) The Plaintiff was newly built on January 1, 1973 and owned by Defendant B and his children, and the Busan Western F and G ground telecom (hereinafter “the instant telecom”).

(2) On July 6, 2012, the sales contract of this case was entered into between Defendant B and the Plaintiff (hereinafter referred to as the “instant sales contract”) and the Plaintiff (hereinafter referred to as the “Defendant B”) and the Plaintiff (hereinafter referred to as the “instant sales contract”).

(A) The Plaintiff, H, and the seller are Defendant B and E, but the conclusion is not affected by the conclusion, and the Plaintiff and Defendant B are stated as parties to the contract for convenience.

(2) At the time of the above sales contract, the Plaintiff agreed to pay KRW 10 million for the first down payment on the date of the contract; KRW 90 million for the second down payment until July 30, 2012; KRW 25 million for the second intermediate payment until August 1, 2012; KRW 75 million for the second intermediate payment until August 30, 2012; and KRW 70 million for the remainder to the Defendant B by October 30, 2012; and Defendant B agreed to receive the intermediate payment on August 1, 2012 to deliver the instant mother to the Plaintiff.

Defendant C and D’s brokerage act as a licensed real estate agent, who participated in the process of the instant sales contract and prepared a description verifying the object of the instant sales contract (Evidence A5) and confirmed the contents of the instant sales contract, thereby mediating the instant sales contract. The Plaintiff received KRW 5 million brokerage commission from the Plaintiff.

According to the instant sales contract, the Plaintiff paid Defendant B the first down payment of KRW 10 million on the day of the instant sales contract, and KRW 90 million on July 27, 2012. The Plaintiff paid the intermediate payment of KRW 50 million on August 30, 2012 and KRW 50 million on September 3, 2012. (2) Upon the Plaintiff’s request, Defendant B delivered the instant cartel to the Plaintiff on August 1, 2012, and the Plaintiff entirely repaired the said apartment, and the elevator was elevator.

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