손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 5, 2015, the Defendant newly constructed a D building (total of 20 households; hereinafter “instant multi-family housing”) which is a six-story neighborhood living facilities (urban residential housing) located in Gyeyang-gu, Gyeyang-gu, Yangyang-gu, Yangyang-si, and completed registration of ownership preservation in its name.
B. From March 10, 2014 to June 10, 2014, the Defendant sold 20 households of a sectioned building of the instant multi-family housing, and completed the registration of ownership transfer to a third party.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that he was not paid KRW 96,50,000 out of the sales agency fees of KRW 207,000,000, even after completing the sales agency business of the instant apartment building with the delegation from the Defendant.
B. The defendant claiming that the defendant did not delegate the sale of goods to the plaintiff.
The defendant does not remain the sales agency fee paid to anyone who is the plaintiff after completing the settlement with E delegated sales agency.
3. Determination
A. According to the statements in Gap evidence Nos. 3 and 4, it is recognized that the defendant deposited money in the name of the sales agency fee into a deposit account in the name of F, a female student, from December 9, 2014 to May 27, 2015.
B. However, the circumstances acknowledged by the statement in Eul evidence 1, and the witness E's testimony and pleading, namely, the Plaintiff was involved in the sale of the apartment house of this case upon introduction of the Defendant through E, but the other party who prepared a sale agency contract and delegated the sale agency work by the Defendant is not the Plaintiff but E, and the fact that the Defendant deposited the sale agency fee into a deposit account in the name of F when dealing with the sale business by contact with the Plaintiff is due to E.
The reason stated in this paragraph is that the plaintiff can directly claim the payment of the sales agency fee against the party to the sales agency contract, i.e. the defendant.