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(영문) 서울중앙지방법원 2019.01.17 2018가단5116098

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 23, 2018, the Defendant sold five of the five stores within the Dongdaemun-gu Seoul Metropolitan Government D apartment complex by bidding from the CHousing Redevelopment and Rearrangement Association.

B. On March 28, 2018, the Defendant: (a) distributed materials such as the Defendant’s employees G name cards, details of sales price calculation, floor plan, etc. to the Fdong Real Estate Agent Office 5-6 World Real Estate Agent Office, including the Plaintiff and E Real Estate; and (b) discovered the number of persons to purchase the said store.

C. On March 30, 2018, the Plaintiff requested G to purchase the said 3 and 4 stores (hereinafter “instant stores”) among the said 5 stores, and the Plaintiff requested the Plaintiff’s office to visit the Plaintiff, and discussed the sales contract of the instant store by gathering either licensed real estate agents I, H, and G working as the Plaintiff in the Plaintiff’s office at 7 p.m. on the same day.

G confirmed the terms and conditions of the sales contract as the Defendant’s office, and signed a sales contract, and all of them moved to the Defendant’s office. During that process, G would enter into a sales contract in accordance with the terms and conditions of the Defendant’s presented sale price and condition while the person who requested G to purchase E real estate, and the person who requested G to purchase E real estate would deposit part of the down payment amount of KRW 30,000,000 directly to the Defendant. G was paid KRW 30,000 on the side of E real estate by notifying the Defendant of the deposit account, and entered into a sales contract under the brokerage of E real estate on the following day.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 6, entry of Eul evidence Nos. 1, 2 and 4 (including additional numbers), witness H's witness H's testimony, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The primary assertion made with the Defendant a consulting agreement with the MM marketing method, that is, by attracting new customers through the existing customers, a contract with the broker (licensed real estate agent) to pay a certain fee. The Plaintiff’s primary assertion is the H and the Defendant’s store.