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(영문) 청주지방법원충주지원 2015.09.10 2015가단1232
계약금 반환
Text

1. The Defendants each amounting to KRW 7,500,000 and 20% per annum from February 11, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On July 1, 2010, the network B (hereinafter “the network”) issued and delivered a power of attorney to Nonparty G to the effect that “the Plaintiff shall jointly delegate the development, sale, and all other actions of the instant land (hereinafter “the instant land”) to Nonparty G.”

B. On April 26, 2011, the Plaintiff entered into a contract with G on behalf of the Deceased to purchase the instant land in KRW 93 million (hereinafter “instant first sale contract”). Of that, the Plaintiff wired KRW 50 million to the account of G’s father as the contract deposit and intermediate payment.

C. At the request of the deceased, the Plaintiff and the Deceased agreed to cancel the first sale contract of this case and return the purchase price of KRW 50 million already received by the deceased to the Plaintiff.

Nonparty J introduced K to G as a purchaser of the instant land. On August 30, 201, G entered into a contract with Nonparty K and the instant land at KRW 135 million on behalf of the Deceased on behalf of the Deceased, on condition that it sells the said land at KRW 135 million, and that the down payment of KRW 30 million out of the said purchase price shall be replaced by KRW 30 million deposited by K to the Plaintiff (hereinafter “instant second sale contract”).

E. On August 24, 2011, K remitted KRW 30 million to the Plaintiff. On the same day, the Plaintiff wired KRW 10 million out of the said KRW 30 million to L’s account, a parent of the said J, as required by G on the same day.

F. The Deceased died on June 18, 2015, and the Defendants’ share of inheritance against the Deceased, who are the deceased’s children, is 1/4 each.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. As Plaintiff J demanded KRW 10 million under the pretext of K’s introduction expenses, the buyer of the instant secondary sales contract, G transferred KRW 30 million from K to J, the Plaintiff provided that “If it transfers KRW 10 million out of KRW 30 million transferred from K, it would later transfer KRW 30 million to J.” G, and the deceased who was together with the Plaintiff.

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