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(영문) 서울중앙지방법원 2015.06.11 2014가단5183588
손해배상(기)
Text

1. The Plaintiff, Defendant B, and Defendant C, as Defendant C, KRW 58,000,000, and each of them from February 3, 2014 to June 11, 2015.

Reasons

1. Basic facts

A. From the planning real estate office of Gangnam-gu Seoul Metropolitan Government (201) to the end of February 201, 2013 to the end of February 2014, the Plaintiff received benefits, such as monthly pay, daily pay, etc. from Defendant B while performing the duties related to real estate brokerage along with Defendant B.

B. From the Plaintiff’s account to Defendant C’s account on November 18, 2013, KRW 3 million and KRW 5 million on December 5, 2012 of the same year, respectively, were remitted from the Plaintiff’s account to the Defendant C’s account, and KRW 20 million on December 27, 2017, and KRW 30 million on February 3, 2014, respectively.

C. The Plaintiff introduced the attorney-at-law, and deposited KRW 3 million to the Defendant C’s account at Defendant B’s request as a cost of appointment.

On February 3, 2014, 4,758,000 won was deposited from the Defendant C’s account to the Plaintiff’s account.

E. The ownership registration is made with the co-ownership of H, I, and J three persons for Pyeongtaek-si G 4978 square meters (hereinafter “G land”), and the ownership registration is completed under the name of the Defendant C with respect to K forest and 837 square meters and L forest and 661 square meters (hereinafter “M land”) in Gunsan-si.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, Eul evidence No. 1-1 and 2, the purport of the whole pleadings

2. Determination:

A. (1) Determination as to the claim against Defendant B (1) Determination as to the primary cause of claim (a) around November 2013, 2013, Defendant B purchased land G in the name of Defendant C with a high investment value, and then purchased land in the name of Defendant C, 100 square meters (hereinafter “instant land”) among them to the Plaintiff.

(2) The Plaintiff believed the horses to be sold in installments at KRW 90 million and deposited KRW 8 million in the Defendant C’s account as above, and around that time, entered into a sales contract with the said KRW 8 million as the down payment (hereinafter “instant one sales contract”) and then set up a sales contract with the said KRW 8 million as the down payment (hereinafter “instant one sales contract”) in a way of offsetting the Plaintiff’s loan claims against the Defendant B.

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