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(영문) 인천지방법원 2017.04.07 2016나61849

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. Around July 2006, E requested the Plaintiff to sell at least 1.6 billion won F 332.3 square meters (hereinafter “instant land”) in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Busan (hereinafter “instant land”). The Plaintiff requested the Defendant to mediate real estate.

B. At the time, the Defendant was a licensed real estate agent who operated real estate brokerage business under the trade name “H real estate” located in Seocheon-gu, Seocheon-gu, Seoul, and C was an employee of the said “H real estate.”

C. The Plaintiff became aware of D through the introduction of the Defendant and C, and the Plaintiff, the Defendant, C, and D agreed to sell the instant land to others in a successive order of more than 1.6 billion won, in excess of 1.6 billion won, to fairly divide the amount exceeding 1.6 billion won.

On March 2007, the Defendant, C, and D notified the Plaintiff of the fact that they had a person to purchase the instant land in KRW 1.86 billion, and that the Plaintiff would receive KRW 1.7 billion with the purchase price, and that E would pay the remainder of KRW 160 million with the purchase price.

E. Accordingly, the Plaintiff, the Defendant, C, and D agreed that KRW 160,000,000 in connection with the brokerage of the instant land should be divided into brokerage commission.

F. On May 14, 2007, E sold the instant land at KRW 1.866 billion (the contract amount of KRW 500 million shall be paid at the same time as the contract was entered into, and the balance of KRW 1.360 million shall be paid until August 14, 2007) to E, a broker, stating in the broker column the “bals agreement”, and the Plaintiff and D’s personal information are stated below.

G. E paid to the Plaintiff KRW 80,000,000 to the Plaintiff, and the Plaintiff divided KRW 16,740,000 to the Defendant, KRW 22,50,000 to the Defendant, and KRW 17,500,00 to D, respectively, and the Defendant, D, and C drafted a receipt on May 14, 2007 to the effect that they received the said money.

(h) Subsequent to July 29, 201, E is against the Plaintiff.