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(영문) 서울동부지방법원 2013.07.05 2013가합1851
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The plaintiff's assertion (1) around 2001, the defendant established the D Housing Association by inviting its members in C Village, and led the redevelopment project of the above Association, and was delegated with the authority to sell the commercial buildings to be newly built by E Co., Ltd. (hereinafter "E"), an executing agent.

At the time, the Plaintiff, a licensed real estate agent, invested in the F loan and G loan, which is a multi-household in the business territory of the above association, and mediated the sale and purchase of the loan and purchased part of the household in the name of the Plaintiff’s family. In response, upon the Defendant’s request from the effect that “When the D Housing Association seeks to purchase 12 multi-households, it would pay KRW 150 million in return for such request.” In response, the Plaintiff transferred 12 multi-households to the above association’s side. At that time, the Defendant received KRW 150 million in the purchase service payment from E.

(2) Around October 2003, the Defendant agreed with the Plaintiff to sell the commercial buildings to be newly constructed with the Plaintiff with the authority to sell the commercial buildings delegated as above, and to receive the sales agency fee and pay the Plaintiff KRW 150 million to the Plaintiff.

(3) On October 10, 201, E filed a complaint with the Defendant to the effect that “The Defendant embezzled KRW 150 million as agreed upon to pay to the Plaintiff,” and the Defendant requested the Plaintiff to prepare a receipt on October 10, 2003 for the amount of KRW 150 million and KRW 150 million, but the Plaintiff refused to pay the said money upon the Defendant’s request. Accordingly, on October 10, 2003, the Plaintiff agreed to substitute the Defendant with lending KRW 150 million to the Defendant, instead of paying the said agreed amount of KRW 150 million.

Therefore, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 150 million and the delay damages from October 11, 2003.

B. The Defendant’s assertion (1) is Seoul from around 2000 to around 2007.

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