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(영문) 창원지방법원마산지원 2015.08.13 2014가단11560
계약금
Text

1. The defendant shall pay 30,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. C around November 9, 2012, upon entering into a remodeling construction contract with the Defendant for the two officetels stories in Changwon-si, Changwon-si, Changwon-si, and delegated by the Defendant the authority to sell the said officetels No. 205 (hereinafter “instant real estate”) to KRW 130 million in order to cover the construction cost while performing the construction work.

B. On May 15, 2013, C entered into a sales contract on behalf of the Defendant with the Plaintiff’s agent as to the instant real estate at KRW 130 million, and the remainder KRW 30 million upon entering into the said contract to pay the down payment on July 1, 2013, and received KRW 30 million from E on the same day.

C. E suggested that the purchase price should be reduced by KRW 30 million on the ground that the actual area for exclusive use of the real estate of this case is smaller than the contract area, not the registration of division due to the shortage of parking area to C.

Accordingly, on August 9, 2013, C drafted a sales contract stating the purchase price of the instant real estate as KRW 100 million, the down payment of KRW 30 million, the intermediate payment of KRW 30 million, the remainder of KRW 40 million, and the remainder of KRW 30 million to E, and received KRW 30 million from E as an intermediate payment.

C like the above paragraph (c), as in the above, forged a sales contract in the name of the defendant, used it to E who is aware of the forgery, and committed the forged sales contract to E as if he were duly authorized by the defendant to do so, and by deceiving E to receive KRW 30 million from E as part payment, thereby being convicted of forgery of private documents, uttering of a falsified investigation document, and fraud. The above judgment became final and conclusive.

[Reasons for Recognition] The facts without dispute, Gap 1 through 3, Eul 7 through 9 (including paper numbers), Eul 2, Eul's testimony, and the purport of the whole pleadings

2. Determination

A. The facts acknowledged prior to the determination of the claim for the return of down payment, the absence of dispute, A 1 to 1.

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