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(영문) 부산지방법원 2015.12.11 2015가단230842
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B, from the F Co., Ltd., leased part of the mechanical parking lot located in Dong-gu Busan Metropolitan City (hereinafter “instant parking lot”) at KRW 50 million, monthly rent of KRW 3.5 million.

B. On November 13, 2013, between H and Defendant B who represented the Plaintiff as the husband of the Plaintiff and the said Defendant as the husband of the said Defendant, the contract was concluded between the Plaintiff and the Plaintiff, a licensed real estate agent D and the broker of Defendant E, under which the Plaintiff transferred the right to lease of the instant parking lot from Defendant B to KRW 78 million (hereinafter “instant acquisition agreement”). At that time, the Plaintiff paid KRW 13 million out of the down payment to Defendant C.

C. On January 13, 2014, H, representing the Plaintiff, was unable to take over the right to lease of the instant parking lot due to the inevitable circumstances of the transferee’s individual, and thus, he waived 4 million won as the penalty for breach of contract and prepares a written agreement to give up the remainder of nine million won and deliver it to the Defendant C. Around that time, Defendant C was returned KRW 9 million.

[Ground of recognition] Facts without dispute, entry B-1 to 3, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion and judgment is that the Plaintiff entered into the instant acquisition contract with the Defendants’ deception, entered into the written statement of agreement, and incurred losses, such as only a part of the down payment paid in the process, and paying brokerage fees. However, there is no evidence to acknowledge the Defendants’ deception.

3. Thus, the plaintiff's claim against the defendants is without merit.

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