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(영문) 대구지방법원 2018.12.13 2017나317837

용역비

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs real estate brokerage business under the trade name of “C”.

B. On March 6, 2015, the Defendant, via a sales agent D, sold the Gangnam-gu Seoul E neighborhood living facility No. 1-1 F building G (hereinafter “instant G store”) and the said F building H on April 3, 2015 (hereinafter “instant H store”); and the instant H store and the instant G store collectively “each of the instant stores”).

C. I and J requested the Plaintiff to act as a broker of a lease agreement on a building for the operation of each child hospital and pharmacy.

D introduced I through the Plaintiff, and between I and I on May 7, 2015, with respect to the instant G store, the lessor, lessee I, lease deposit of KRW 100,000,000, monthly rent of KRW 3,000,000, and the term of lease from June 30, 2015 to June 30, 2017, entered into a lease agreement with the Plaintiff and the Plaintiff’s hospital on behalf of the Defendant.

E. Then, D introduced the J through the Plaintiff on June 12, 2015, and entered into a pharmacy lease agreement on behalf of the lessor, K, Lessee, J, 100,000,000, monthly rent of KRW 4,000, monthly rent of KRW 4,00,000, and period of lease from June 30, 2015 to June 30, 2017.

F. After that, D demanded the Plaintiff to change the lessor of the instant H branch from K to the Defendant. On July 17, 2015, D newly drafted a real estate lease agreement to change the lessor of the instant H branch from K to the Defendant.

G. The real estate lease agreement on the instant H store is written by the Plaintiff as a real estate broker, and the real estate lease agreement on the instant H store is written by the Plaintiff as the representative Ma of the L Licensed Real Estate Agent Office (hereinafter “L real estate”) and the lessee’s real estate broker.

H. Meanwhile, each of the instant stores is subject to brokerage.