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(영문) 서울북부지방법원 2018.11.27 2017나38738
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part regarding the principal lawsuit corresponding to the amount ordered to be paid below shall be revoked.

2.(a)

Reasons

1. Basic facts

(a) Matters relating to the sales contract for “C Hospital” 1) The “C Hospital” located in Gangdong-gu Seoul Metropolitan Government D (hereinafter referred to as the “C Hospital”).

A) Around 2013, F wood companies, the real representative of E operating medical corporations, discussed the business difficulties of the instant hospital to G, the Plaintiff’s colon, and requested G to color the purchaser of the instant hospital. (2) G, upon F’s request, becomes aware of the Defendant that the instant hospital would engage in real estate consulting business while coloring the purchaser of the instant hospital, and around May 2014, G requested the Defendant to sell the instant hospital.

3) In the process of finding a purchaser for concluding the instant hospital sales contract, the Defendant requested the Plaintiff to make an advance payment as the commission for the sales contract. On May 27, 2014, the Plaintiff requested the Defendant to pay KRW 10 million (hereinafter “instant KRW 10 million”).

(4) On the other hand, on August 14, 2014, the Seoul Eastern District Court H rendered a decision to commence an auction of real estate (hereinafter “instant auction procedure”) with respect to the instant hospital, and the instant hospital was sold at the auction procedure on July 27, 2016.

B. 1) The Plaintiff is a 198 store store in Dongdaemun-gu Seoul Metropolitan Government I building (hereinafter “instant store”) via the SB SolomonAMC Co., Ltd.

A) Around September 4, 2014, the Plaintiff owned the instant store and requested the Defendant to sell the instant store. (2) On September 4, 2014, 2014, the Plaintiff and the Plaintiff sold the instant store at KRW 9 billion between the Plaintiff’s side and the Plaintiff, but as a matter of a special agreement, the amount of the maximum debt on the seven parcels of land, including the Hanam-si, the Hanam-si, the Hanam-si, the Kimhae-si, the Korea Chamber of Credit Industry Cooperatives (hereinafter referred to as the “Mahae-K”), which is a collective security (hereinafter referred to as the “Mahae-K”).

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