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(영문) 대구지방법원 2015.09.17 2015나6744
대여금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The parties' assertion

A. On August 5, 2013, the Plaintiff leased KRW 5 million to the Defendant on September 2, 2013, setting the due date for reimbursement of KRW 5 million, and thus, the Defendant is obligated to pay the Plaintiff KRW 5 million and its delay damages.

B. Defendant 1) The Plaintiff and the Plaintiff’s husband C made a false statement that they operate a real estate brokerage office to the Defendant and the Defendant’s husband D, and suggested that they would sell real estate owned by the Defendant for KRW 180 million and create funds to purchase E-owned real estate. Accordingly, the Defendant, upon entering into a sales contract with E, paid KRW 16 million including KRW 5 million remitted from the Plaintiff, but the Plaintiff’s husband did not comply with the promise to sell the real estate owned by the Defendant at a high price and to sell the real estate owned by the Defendant at a high price. Accordingly, the Defendant was subject to forfeiture of KRW 16 million as the Defendant did not sell the real estate owned by the Defendant.

3) Therefore, the Defendant sought damages of KRW 17 million (property damages of KRW 16 million and damages for delay) due to tort by deception or violation of the above agreement through the instant counterclaim.

2. Determination

A. The facts of recognition 1) The Plaintiff, as a real estate real estate agent, runs the real estate brokerage business under the trade name of “G Licensed Real Estate Agent” in Busan City, and the Plaintiff’s son, as a real estate real estate agent, runs the real estate brokerage business under the name of “J Real Estate Agent” in Yong-si, Yong-si. 1. 2) The Plaintiff and the Plaintiff’s husband C, starting from the early 2013 police officer, sold to the Defendant and the Defendant’s husband, K-si 240 square meters and its ground, 684 square meters and its land, Ma-si L-si 3 square meters and 683 square meters (hereinafter “Defendant’s own real estate”), and give advice on real estate transactions in which the Defendant purchases E-owned land and its land (hereinafter “E-owned real estate”).

3. After 3, the defendant is the plaintiff.

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