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(영문) 청주지방법원제천지원 2020.02.19 2019가단22322
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 18, 2017, C, etc. entered into a contract with D Co., Ltd. and C, etc. to purchase KRW 1,650,00,000 square meters of E (hereinafter “instant contract”) from D Co., Ltd. for KRW 10,202 square meters, and completed the registration of transfer of ownership of the said land (C1/4, F2/4, G1/4) on October 31, 2017.

B. C was aware of the Plaintiff through the Defendant, and at the time of entering into the instant contract, the Plaintiff acted as an intermediary.

C. C withdrawn 120,000,000 won in cash on October 25, 2017 and ordered the Defendant.

On October 27, 2017, the Defendant is the broker fee for the conclusion of the instant contract to the Plaintiff.

Of the money stated in the port, 50,000 won was delivered.

E. The plaintiff is above D.

There is no discussion about the direct brokerage commission with C until the money stated in the subsection is delivered.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, 20 (including each number with several numbers), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff agreed to receive KRW 150,000,000 as a brokerage commission for the conclusion of the instant contract with C.

C When requesting the defendant to deliver the above brokerage commission to the plaintiff, Section 1-C.

120,000,000 won in cash as described in the paragraph, and C sold the land (500,000 square meters out of E, 10,202 square meters in Chungcheongnam-si) to the Defendant and immediately paid KRW 30,000,000 out of the purchase price to be paid by the Defendant.

Nevertheless, the defendant is entitled to the plaintiff 1-D.

As described in the paragraph, only 50,000,000 won was delivered as brokerage commission and the remainder of 100,000,000 won was not paid.

Therefore, the defendant is obligated to pay the plaintiff 100,000,000 won and damages for delay with the above embezzlement.

3. Determination

A. The Plaintiff filed the instant claim on the premise that there was an agreement with C to receive KRW 150,00,000 as a brokerage commission for the conclusion of the instant contract.

(b).

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