용역대금
1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim against the revocation shall be dismissed.
2...
1. Basic facts
A. The plaintiff is a company that aims at real estate brokerage, etc., and the defendant is the owner of the third floor in Chuncheon City B and C.
B. Around the beginning of May 2014, the Plaintiff’s employee, by posting a phone to the Defendant’s denial, was subject to the Plaintiff’s intention of leasing the said telecom, and thereafter introduced the lessee E to the Defendant.
C. As between E on May 23, 2014, the Defendant entered into a partnership agreement with the effect that “the Defendant shall pay the Plaintiff KRW 300 million, and shall pay the sum of KRW 13 million each month, and the Defendant shall manage the said franchise from June 1, 2014 to May 31, 2019,” and drafted a partnership agreement with the Defendant on May 23, 2014.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the defendant requested the plaintiff to mediate the telecom lease contract, and the plaintiff entered into a lease contract with E, lease deposit of KRW 300 million, monthly rent of KRW 13 million. Thus, the defendant is obligated to pay the brokerage commission of KRW 14,400,00 with the statutory maximum commission of KRW 0.9% [=30,000,000 x 13,000 x 100 x 100] and delay damages.
B. The mediation of judgment is an act acting as an intermediary for the conclusion of a contract between the two parties, and the intermediary may be requested from either party and may be requested from both parties. Therefore, the burden of proving the establishment of the mediation contract in the event of a claim for remuneration based on the mediation contract shall be borne by the party asserting that the mediation contract has been constituted in force
In addition to the above "business partnership agreement of May 23, 2014", the "real estate lease agreement of May 22, 2014" was prepared. Article 7 of the above real estate lease agreement states that "a brokerage commission shall be paid by both parties to the contract at the same time as this contract is entered." The above real estate lease agreement is accompanied by the defendant's name.