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(영문) 수원지방법원 2020.04.07 2019나8761
부당이득금반환
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

From February 1, 2015 to February 1, 2018, Defendant B leased the office of Sii-si and 1st floor E, and operated the F Licensed Real Estate Agent Office with the Plaintiff and the Dong business as a licensed real estate agent.

(hereinafter “instant partnership business”). The Plaintiff and the Defendant received brokerage fees from Defendant C’s children into the Nonghyup Bank account in the name of Defendant C.

On December 5, 2017, the Plaintiff and Defendant B arranged a sales contract consisting of KRW 565,000,000 of the purchase price for H-use building I, Jho, K, L, and M (hereinafter “first sales contract”) and received KRW 15,00,000,00 from the seller N on December 7, 2017, as the account of the Suhyup Bank in the name of Defendant C.

In addition, on January 6, 2018, Defendant B received commission of KRW 2,500,000 from the buyer of the above sales contract.

On January 5, 2018, the Plaintiff and Defendant B arranged a sales contract consisting of KRW 400,000,000 for the purchase price for P and Q real estate (hereinafter “the second sales contract”). The Plaintiff received KRW 5,100,000 from R, buyer, and T.

The instant partnership business was terminated on January 2018.

Meanwhile, the Plaintiff filed a complaint against Defendant B as occupational embezzlement, but Defendant B received a disposition of non-prosecution on October 8, 2019 from the Suwon District Prosecutors’ Office inside of the Suwon District Prosecutors’ Office (not guilty).

The plaintiff appealed to the Suwon High Prosecutors' Office, but was dismissed on December 26, 2019.

[Ground] The plaintiff's assertion that there is no dispute over the plaintiff's evidence Nos. 1 through 3, Gap evidence Nos. 5 through 9, Eul evidence Nos. 3, Eul evidence Nos. 4, Eul evidence Nos. 8, Eul evidence Nos. 9, Eul evidence No. 11, and Eul's ground for claim as a whole, and the plaintiff's oral agreement to distribute one half of the remainder after deducting all expenses from operating profits with respect to distribution of operating profits. Thus, the plaintiff's assertion that the plaintiff's claim as to the ground for claim as to the distribution of operating profits is a verbal agreement to distribute one half of the remainder after deducting all expenses from operating profits. Thus, the intermediary fee of the first sales contract (=15,00,000 won buyer's fee of KRW 2,50,000) and the second sale

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