(영문) 서울남부지방법원 2014.02.13 2013나9029

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(영문) 서울남부지방법원 2014.02.13 2013나9029

공재금청구

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. (1) On June 10, 2003, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with D Co., Ltd. on E 2 E-2 store No. 4 (33.50 square meters) with introduction of a licensed real estate agent B, and paid KRW 103,850,00 as sales contract amount to D Co., Ltd. on the day of the contract, and paid KRW 268,000,000 as sales contract amount to B on the same day.

(2) However, the progress of the new E business was suspended due to criminal punishment, such as embezzlement of the sales contract amount received by the representative director of the D Co., Ltd., the executor of the new E business, and the progress of the business did not proceed.

(3) On December 31, 2008, the Plaintiff requested D Co., Ltd. to refund the sales contract amount, etc., thereby declaring its intention to cancel the instant sales contract.

(4) B returned to the Plaintiff on February 11, 2010, KRW 134 million out of the sales cost paid by the Plaintiff.

B. (1) As a result of the previous lawsuit, the Plaintiff filed a lawsuit against B seeking payment of KRW 223,431,00 and damages for delay, except for the remainder of the sale work cost and interest that have been partially refunded by the Seoul Western District Court 201Gahap2463.

(2) In a judgment rendered on June 23, 2011, the above court rejected the claim for damages arising from the tort alleged by the plaintiff as follows: ① "B shall pay the sales work cost to the plaintiff at the time of the instant sales contract in order to obtain a pre-sale of E in a business district due to good quality; the sales work cost shall be delivered to all D Co., Ltd.; and the sales work cost shall be charged within six months; and the sales work cost shall be charged to the plaintiff; and the sales work cost shall be charged within 268 million won by deceiving the plaintiff; and the claim for damages arising from the tort alleged by the plaintiff shall be dismissed for lack of evidence to support the plaintiff's assertion; ② the sales work cost paid by the plaintiff to B is the sales work cost of this case

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