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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff agreed with the Defendant to arrange or arrange part of the Newly constructed B building (hereinafter “instant new construction”) performed by Korea-Japan Development Co., Ltd. (hereinafter “Korea-Japan Development”) so that the Defendant can accept a subcontract, and as a result, to receive fees equivalent to 4% of the subcontract price from the Defendant.
However, while the Defendant is accepting a subcontract for stone construction among the instant new construction works with the Plaintiff’s referral or mediation, the Defendant did not pay the agreed fee of KRW 47,200,000 (=1,180,000 x 4%).
Therefore, the defendant is liable to pay to the plaintiff the above KRW 47,200,000 and damages for delay.
B. The Defendant asserted that the instant new construction works were subcontracted by the Plaintiff’s referral or mediation, but at the time, the Plaintiff and the Defendant agreed to pay the fees to the Plaintiff when the profits accrued from the said subcontracted works.
However, the above subcontract agreement between the defendant and the Han-il Development was terminated earlier at the unilateral demand for Han-il Development, and the defendant was paid 310,000,000 won out of the total construction cost invested during Han-il Development.
Ultimately, the defendant cannot respond to the plaintiff's claim since he suffered only damages due to the above subcontracted work and did not gain any profit at all.
2. According to the overall purport of each of the statements and arguments in Gap evidence Nos. 1, Eul evidence Nos. 1 and Eul evidence Nos. 1 through 3 (including each number), the defendant can be found to have been awarded a subcontract for 1,80,000 won among the new construction works of this case from Hanil Development on or around July 25, 2016 with the plaintiff's referral or mediation, but the defendant and Hanil Construction on March 10, 2017 with the above subcontract termination on or around March 10, 2017, and the contract price for the relevant period was settled as 310,000,000 won, and the defendant above.