beta
(영문) 서울중앙지방법원 2020.09.23 2019나63173

용역비

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The following facts do not conflict between the Parties:

The Plaintiff is a licensed real estate agent operating the “C Licensed Real Estate Agent Office” in Seocho-gu Seoul Metropolitan Government.

The defendant is the owner of a building for neighborhood living facilities located in Seocho-gu Seoul Metropolitan Government D.

B. On February 26, 2018, upon the Defendant’s request, the Plaintiff arranged a lease agreement with a deposit of KRW 200 million and KRW 8 million per month for the entire third and fourth floors of the said building (hereinafter “instant lease agreement”).

Mediation fees were paid as they are, at the time of concluding a contract, by the defendant and the lessee, 90 million won each to the plaintiff (including value-added tax) and without the plaintiff's intention or negligence, even if the lease contract in this case is null, void, or cancelled.

C. Under the instant lease agreement, the lessee is “E organization F”, and the matters of the special agreement are written as “G for the representative of the lessee’s liability,” and the signature of G is affixed next thereto.

Since then, in the process of performing interior works to use the object of the instant lease agreement as a church, disputes have occurred between the Defendant and the E organization (representativeF) filed a lawsuit against the Defendant on May 30, 2018, such as the return of deposit.

The above lawsuit was concluded on September 7, 2018 by mediation.

2. Determination

A. According to the facts based on the facts, the Plaintiff completed the instant lease agreement brokerage on February 26, 2018 between the Defendant and E organizations, and barring any special circumstance, the Defendant is obligated to pay 9.9 million won and delay damages to the Plaintiff.

B. As to this, the Defendant, even though the Defendant, at the time, intended to enter into the instant lease agreement with G, had the Defendant sign the contract in which the “E organization” was written as the lessee, and thus, it constitutes such act of deception by the Plaintiff and the violation of the Licensed Real Estate Agent Act.

참조조문