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(영문) 수원지방법원안양지원 2015.01.08 2014가합103867
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Around May 14, 2008, Korea Development Co., Ltd. (hereinafter “Nonindicted Company”) decided to purchase a total of KRW 40,485.8 square meters of land and KRW 2487.72 square meters of the ground and KRW 38 billion of the provisional contract amount, and paid KRW 3.0 billion to C as the provisional contract amount. On June 30, 2008, upon entering into a formal sales contract with C on September 30, 2008, the remaining amount of KRW 35 billion was paid on September 30, 2008. The Defendant, a licensed real estate agent, arranged the said sales contract with Nonparty Company C (hereinafter “instant sales contract”).

(hereinafter “instant real estate brokerage.” On June 25, 2008, the Plaintiff lent KRW 500 million to Nonparty Company. On the same day, G, the husband of the Defendant, received KRW 200 million from Nonparty Company on the same day, and Nonparty Company prepared a receipt stating “part of brokerage commission and service fee KRW 500 million” to Nonparty Company.

Since then, when the non-party company delayed the payment of the balance, C urged the payment of the balance and rescinded the sales contract of this case on October 17, 2008.

On December 19, 2013, the non-party company transferred to the Plaintiff “a loan claim of KRW 200 million and a claim for delay damages incurred from the loan lent by the non-party company to the Defendant on June 25, 2008 during the process of concluding the instant sales contract,” and notified the Defendant of the assignment of the said claim, and the notification thereof reached the Defendant on January 3, 2014.

【In the absence of dispute over the grounds for recognition, the Plaintiff’s assertion as to each of the items in Gap’s subparagraphs 1 through 3, Eul’s evidence Nos. 1 through 5 (including each number number; hereinafter the same shall apply), and the ground for claim of the whole purport of the pleadings, and the Plaintiff’s assertion that if the Defendant pays in advance the brokerage commission to be paid at the time of payment of the remainder of the pleadings, the mediation commission shall be KRW 76 million, which is 0.2% of the purchase price. The non-party company agreed to pay the brokerage commission to be paid by the seller to the non-party company up to the time of payment by the seller to the extent of the brokerage commission to be paid by the seller (=38 billion won x 0.2% x 2).

Nonparty Company.

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