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(영문) 서울남부지방법원 2015.09.11 2013가합107073
약정금
Text

1. The Defendant’s KRW 60,000,000 as well as its annual 5% from November 26, 2013 to September 11, 2015 to the Plaintiff.

Reasons

1. Claim related to the money in the name of purchase of apartment occupancy rights;

A. The Plaintiff’s assertion 1) The Defendant provided that the Plaintiff would purchase and offer the right to move into the above city apartment for the Plaintiff’s children on the face of money, and received a total of KRW 80,000,000 from February 19, 201 to May 2, 2011 (the Plaintiff paid KRW 40,000,000 out of the above KRW 80,000,000 under the name of his father C, and the remainder of KRW 40,00,000,00 in the name of son.

(2) The Defendant, even if receiving the above money, acquired the above money by deceit, and is obligated to pay the Plaintiff the above amount of KRW 80,000,000 as compensation for damages caused by the illegal act. (2) The Defendant concluded a real estate brokerage contract with the purport of obtaining the occupancy right of an apartment for the Plaintiff, and received KRW 1,00,000 as compensation from the Plaintiff.

Even according to the Defendant’s assertion, the Defendant appears to have attempted to acquire the right to move in by receiving compensation for the right to move in from the Korea Urban Housing Corporation after installing a plastic house on the land of Sungnam-si after purchasing the so-called “the inner bank” by dividing the space from E, etc.

The defendant's investment in KRW 80,000,000, which was paid by the plaintiff without examining the reality of the method of acquiring the right to move into an apartment even after entering into a real estate brokerage contract, constitutes a tort by gross negligence or default.

Therefore, even if the defendant does not intentionally deceiving the plaintiff, the defendant is liable for damages to the plaintiff.

3 In particular, KRW 40,00,00 which the Defendant received under C’s name was used in a place no relation to the right to move into an apartment.

Therefore, since the defendant embezzled the plaintiff's money, the above amount shall be compensated for damages caused by the illegal act of embezzlement.

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