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(영문) 서울서부지방법원 2017.09.28 2017나1701
임금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 2016, the Defendant was delegated by the owner D and E of the instant lending of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant lending”).

B. On May 2016, the Plaintiff and the Defendant agreed to sell the loan of this case to the Plaintiff at the intervals of KRW 1.5 million whenever the Plaintiff sold the loan of this case 1 (hereinafter “instant agreement”).

C. On June 28, 2016, the Plaintiff prepared a sales contract to sell F and the instant loan 601 to 230 million won for sale, and the said sales contract was missing F’s seal.

On August 25, 2016, the Defendant remitted KRW 1 million to the Plaintiff regarding the sale of the foregoing F.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and Eul evidence 3

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion entered into a sales contract with F and the instant loan No. 601, and pursuant to the agreement of this case, the Defendant should pay the Plaintiff the remainder of KRW 500,000 out of the instant contract amount.

B. In light of the purport and contents of the instant agreement that can be seen by the aforementioned evidence, it is reasonable to view that the Defendant agreed to pay the Plaintiff the agreed amount on the premise that the sales contract on the loan of this case was concluded.

However, the evidence submitted by the plaintiff alone is insufficient to recognize that the sales contract on the loan 601 of this case was concluded by the plaintiff's brokerage, and there is no other evidence to acknowledge it.

Rather, the following circumstances, which are acknowledged based on the respective statements and arguments stated in Nos. 1, 2, 6, and 7, namely, ① the sale price of the loan No. 601 was KRW 215,00,000,000, but the Plaintiff attempted to enter into the sales contract with F and the sale price of KRW 2.3,000,000, and ② the F attempted to enter into the sales contract at a lower price than the initial sale price.

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