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(영문) 수원지방법원 2016.10.06 2016나52309

중개수수료

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. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the reasoning of the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except where additional rejection is made for the reasons, which are contrary to the facts recognized by the court of first instance, as stated in the main sentence of Article 420 of the Civil Procedure Act.

【The Defendant agreed to pay the brokerage commission to F who arranged the instant sales contract upon delegation by the Defendant. Accordingly, the Defendant submitted Eul evidence No. 1 on the ground of his argument that the Defendant offsets the Defendant’s claim against F and F’s brokerage commission. According to the evidence No. 1, the Defendant issued the tax invoice of KRW 21,150,000 to H with respect to the Defendant Company No. 1. Meanwhile, it is acknowledged that the Defendant issued the tax invoice of KRW 21,150,000 upon the Plaintiff’s offering of the evidence No. 4 and No. 4, and the testimony and arguments of the first instance trial witness F. In other words, on February 2, 2015, the Defendant agreed to pay the commission to F to the Plaintiff, and accordingly, sent evidence to the effect that the Defendant offsets the Defendant’s claim against F and its brokerage commission’s claim. In light of the following, it is difficult to prove that the Defendant’s testimony was contradictory to the Defendant’s offering of the aforementioned electronic tax invoice No. 1.

2. The judgment of the court of first instance is just and without merit, and the defendant's appeal is dismissed. It is so decided as per Disposition.