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(영문) 의정부지방법원고양지원 2020.11.13 2019가합74587
손해배상(기)
Text

Defendant B shall pay 272,547,000 won to the Plaintiff and 12% per annum from August 7, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. D Co., Ltd. (formerly, E Co., Ltd.; hereinafter “D”) is a company with the purpose of real estate sale and purchase, sales and sales agency business, etc.

B. Defendant C, who worked as the head of the headquarters from D, was in charge of providing D employees with education on real estate subject to sale. Defendant B, who worked as the head of the division in D, was in charge of soliciting customers to purchase real estate.

C. On June 27, 2018, the Plaintiff indicated 41,382,635 shares in the annual sales contract (Evidence A-1) in the amount of KRW 41,382,000,00 (hereinafter “the annual share of land”) out of 132,232,232 square meters of Fancheon-gun, Gyeonggi-gun (hereinafter “the annual share of land”). However, the Plaintiff appears to have paid KRW 41,382,00 at a discount of one of the above sales proceeds (=41,382,00 won x 0.99).

The sales contract for registration, attached to the certificate of right to registration (No. 5-1), shall include 41,382,000 won in the sales contract for registration.

The sales contract to purchase (hereinafter referred to as “annual sales contract”) was concluded, and the said sales amount was paid to D on the same day.

D On November 30, 2018, on November 30, 2018, the Plaintiff completed the registration of ownership transfer with respect to the annual land shares.

On July 3, 2018 and July 5, 2018, the Plaintiff indicated 91/193,396 of the shares of G 193,396 square meters of G 193,396 square meters (hereinafter referred to as “Sireed Land”) in the sales contract for Sireed Land (Ga evidence 4-2, 3) of Sireed Land (hereinafter referred to as “Sireed Land shares”) in KRW 96,525,00,000, the purchase price of which is KRW 97,50,00 (3,00 won among Sireed Land shares), but the Plaintiff appears to have paid KRW 330,00,00 (65,000,000 won with a discount of one percent of the above purchase price x KRW 965,50,000,000). However, the Plaintiff appears to have paid KRW 96,500,975,99).

A sales contract for registration attached to the certificate of right to registration (No. 5-2) shall also be accompanied by the certificate of right to registration.

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