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(영문) 서울고등법원 2016.03.25 2015나2036912

용역비

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Grounds for the court’s explanation concerning this case are as follows: 4th to 5th to 14th to 4th to 4th to 4th to 4th to the judgment of the first instance court.

C. Paragraph 2 of Article 420 of the Civil Procedure Act is the same as the written judgment of the court of first instance, except in the following cases:

2.(c)

Judgment

2) As the Plaintiff’s assertion, even if F is deemed as the Plaintiff’s brokerage assistant, it is recognized that the Defendant Foundation paid KRW 19,340,00 to F on August 22, 2013 the brokerage commission for the instant real estate sales contract of this case, based on the following circumstances, including the Plaintiff’s evidence Nos. 8-1, 2, 5-2, 5-1, 2, 3-2, and 5-1, 3, and 5-1, 40, 400, and 19,340,000, in consideration of the overall purport of the pleading in the testimony by the witness Q of the Party: (a) the fact that the Plaintiff Foundation paid the brokerage commission for the instant real estate sales contract of this case to F on August 22, 2013; and (b) the circumstance and difficulty of delegation, the process and difficulty of delegated affairs, degree of effort made, and other circumstances revealed in the argument, the Plaintiff’s claim against Defendant C is acceptable.

(A) At least three years’ interval between the F’s brokerage act to Defendant E and the time of the conclusion of the instant sales contract (B) the Defendant Foundation requested the brokerage of the instant real estate agent’s office as well as F. Since the instant real estate was a high-priced hospital site, which has been distributed to a long time, the sale and purchase of the instant real estate was made narrow, but the F did not have contributed to a significant difference between the seller and the applicant for the purchase, and (C) Defendant E was made without involvement in F’s involvement. From January 29, 2007, Defendant E received high blood pressure and urology treatment at the hospital of the Defendant Foundation, and was inside with Defendant C, and the decision of the purchase price was made by Defendant E and Defendant C.