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(영문) 부산지방법원 2020.01.14 2019가단4034
선박컨설팅료 및 중개료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of vessel leasing and buying brokerage.

B. On February 1, 2017, Nonparty C Co., Ltd. (hereinafter “C”) completed the registration of ownership transfer with respect to the barge D (2,604 tons, hereinafter “instant vessel”).

C. On June 2017, the Defendant asked the Plaintiff to introduce sales of the tugboat and barge to carry on marine transportation business. D.

On February 20, 2018, the Defendant established E Co., Ltd. (hereinafter referred to as “E”) and assumed office as the representative director of the said company.

E. On March 21, 2018, E entered into a sales contract with C to purchase the instant vessel as KRW 1,250,00,000 (excluding value-added tax) and E completed the registration of ownership transfer for the instant vessel on April 23, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5 evidence, Eul 3 evidence, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff was commissioned by the Defendant to arrange ship consulting, tugboat sales, and barge sales, and agreed to receive an amount equivalent to 2.5% of the sales amount as brokerage fees for ship consulting and sales.

The Plaintiff, according to the above contract, introduced various vessels from July 2017 to February 2018 to the Defendant, and had the Plaintiff act of mediating the instant vessel to the Defendant, and purchased the instant vessel from E, which the Plaintiff established by the Defendant, on the grounds that the act of mediating the instant vessel was determined.

Nevertheless, the plaintiff was excluded from the final stage of the above sales contract due to reasons not attributable to the plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 31,250,00 (=1,250,000,000 x 2.5%) equivalent to 2.5% of the purchase price of the instant vessel agreed upon as a brokerage commission to the Plaintiff, and the delay damages therefrom.

B. The defendant's obligation to pay brokerage fees is recognized.

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