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(영문) 서울중앙지방법원 2016.11.11 2016나47705

손해배상

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. Determination on the cause of the claim

A. On February 2015, the Plaintiff’s summary of the Plaintiff’s assertion was a lessor’s broker, who was in Seoul, Gangnam-gu and one parcel of land, as the broker for the conclusion of a lease agreement. At the time, the Defendant was a lessee.

On February 2, 2016, a lessor requested the Plaintiff to sell the said real estate, and the Plaintiff had the Defendant confirm the intent of the lessee to jointly mediate with the Defendant, as in the previous transaction practices of the brokerage business. The Defendant knew of the Plaintiff, by mediating both the seller and the buyer, made the sales contract by mediating both the seller and the buyer, and received KRW 10,000,000 from the seller as brokerage commission.

This is because the plaintiff deceivings the plaintiff and acquired brokerage commission to receive, the defendant is obligated to pay 10,000,000 won and damages for delay to the plaintiff as damages.

B. According to the records, the Plaintiff’s request for the brokerage of the sales contract on the instant real estate from the seller to verify the lessee’s intention to purchase the instant real estate, and the agreement on the sales contract is recognized to a certain extent.

However, even if the evidence submitted by the Plaintiff is comprehensively considered, it is insufficient to recognize that the sales contract of the instant real estate has reached almost the stage of sexual intercourse or the Plaintiff has played a critical role in the formation of the contract by deceiving the Plaintiff, thereby deceiving the Plaintiff, and there is no other evidence to acknowledge this. Rather, according to the evidence, the Plaintiff was actually suspended from the time when the Plaintiff informed the Plaintiff’s contact address to the seller, and thereafter, the Defendant was acting as an intermediary for the sales contract of the instant real estate at the seller’s request.