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(영문) 춘천지방법원 2020.06.25 2019나412

약정금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) from around 207 to around 2007, each of them was running the business of developing and supplying apartment buildings (hereinafter “instant business”).

B. The Defendant, who had engaged in a licensed real estate agent business under the trade name of G Licensed Real Estate Agent, performed the business of purchasing the instant business site at C’s request. Meanwhile, the I, who had engaged in a licensed real estate agent business under the trade name of H Licensed Real Estate Agent Office, performed the business of purchasing the instant business site at D’s request

C. On January 29, 2007, the Defendant and I, as the Plaintiff’s intermediary, drafted a joint brokerage agreement with a notary public Nos. 537 of J-Dong Office No. 2007, and the Plaintiff signed the said agreement as the observer.

(1) Before February 10, 2007, I shall administer the joint brokerage of the defendant, and thereafter, the defendant shall administer the joint brokerage.

② As of February 10, 2007, the Defendant and I shall jointly act as a broker and cooperate with C to purchase the instant project land thereafter.

(3) Brokerage service charges shall be received simultaneously with the transfer and takeover of a brokerage, and the defendant and I shall allocate the brokerage service charges received through joint brokerage in the same ratio.

After that, the defendant and I entered into a brokerage service contract with D to determine each brokerage service cost of KRW 1 billion between D and D to carry out the business of purchasing the instant site from D from the prop.

E. On March 30, 2007, the Plaintiff drafted a written confirmation of payment (hereinafter “instant confirmation”) with the Defendant and I as follows (hereinafter “instant agreement”).

Written confirmations of payment: gold 150,000,000 Won, the above amount is confirmed to be paid in proportion to the assistance in the performance of services for the purchase of land to be marketed in Chuncheon-si.