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(영문) 수원지방법원 2020.08.13 2019가단571107
손해배상(기)
Text

The Plaintiff (Counterclaim Defendant) shall pay KRW 52,000,000 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from October 1, 2019 to May 11, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is a person engaged in real estate consulting business under the trade name of "C", and the plaintiff is a person who purchased a large number of real estate after consulting with the defendant.

B. The Defendant introduced a number of real estate to be purchased to the Defendant by means of purchasing real estate, the difference between the sales price and the lease guarantee amount of which is not significant, and the Plaintiff purchased five real estate (hereinafter “each of the instant real estate”) as follows, with the introduction of the Defendant between August 29, 2016 and December 20, 2016, and completed the registration of ownership transfer in the future of the Plaintiff, and paid the Defendant each of the money recorded in the consulting payment column.

The consulting price for the purchase price of the No. 1 of the date of a real estate sale contract shall be KRW 4.5 million in Suwon-gu, Seoul Special Metropolitan City, 2.5 million in KRW 4.5 million in KRW 2 million in KRW 4.5 million in KRW 4.5 million in KRW 4.5 million in KRW 4.5 million in KRW 3,500,000 in KRW 3,500,000 in KRW 16th, December 1, 2016, 2016, KRW 4.5 million in KRW 4.5 million in KRW 4.5 million in KRW 4.5 million in KRW 29,000 in KRW 20,000 in KRW 2,500 in KRW 20,000 in KRW 29,86, August 29, 2016.

C. On May 18, 2017, the Plaintiff completed the registration of a rental business operator under Article 5 of the Special Act on Private Rental Housing.

On January 9, 2018, the defendant paid interest of KRW 55 million to the plaintiff on 4.5%, but the due date was determined as the date of receiving the lease deposit from the new lessee of the real estate No. 1 of this case.

On the other hand, on May 30, 2018, the Plaintiff received KRW 18,000,000 from L, a new lessee, and repaid KRW 3 million out of the above borrowed money on October 16, 2018 to the Defendant, and paid interest until September 24, 2019.

[Grounds for recognition] Gap evidence Nos. 3, 5, 11, Eul evidence Nos. 1 to 6, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s claim for return of unjust enrichment (19 million won) is that the Plaintiff entered into a consulting contract.

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