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(영문) 서울중앙지방법원 2015.01.16 2014가단5159721

중개수수료 청구의 소

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1. The Defendant’s KRW 38,708,480 as well as 6% per annum from September 30, 201 to July 4, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who engages in wholesale and product brokerage of livestock products, and the defendant is a company that sells agricultural and livestock products.

B. On January 21, 201, the Plaintiff entered into a mediation contract with the Defendant and Luxembourg to mediate the importation of freezing 450,000 km from kg to 3.92 kg per swine, to 450,000 kg per kg for freezing 450,000 kg per kg, and to 3.92 kg for freezing feb, and the brokerage commission is 40,000 kg per kg for freezing feb and swine feb, 20 won per kg for freezing feb.

C. The Defendant and B entered into a sales contract on the said livestock products as the Plaintiff’s intermediary, and the Defendant visited Madd on February 201 and surveyed the livestock products, and thereafter, B shipped all the said livestock products from Pod to Pod on February 201 and transported them to Korea.

However, the Defendant demanded that the Plaintiff adjust the price of the 59 container on the basis of the weight of swine spawn and the high spawn, and the Defendant accepted only 26 containers among the 59 containers, and paid only KRW 6,291,520 to the Plaintiff as brokerage commission until September 29, 2011.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. If the sales contract of livestock products between the Defendant and B was concluded as a result of the Plaintiff’s brokerage, without relation to the quantity actually acquired by the Defendant, the Defendant is obligated to pay the Plaintiff the agreed remuneration of KRW 45 million (i.e., 450,000,000,000,000,000,000 for freezing swine 450,000,000 won x 4550,000 won for freezing pigs 20,000 x 450,000 won for freezing pigs 20,000, and the remaining 38,708,48,480 won, which was claimed by the Plaintiff, and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from September 30, 2011 to July 4, 2014, which is the date of delivery of a copy of the complaint of this case from the next day to the day of full payment.

For this reason,