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Reasons
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(영문) 수원지방법원안양지원 2020.02.13 2019가단5985
중개보수
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 4, 5, 7, Eul evidence Nos. 3 and 4 (including serial numbers; hereinafter the same shall apply) by integrating the whole purport of the pleadings.

On February 28, 2017, Defendant C, D, E, F, and G (hereinafter “Defendant C, etc.”) entered into a contract with Defendant B Co., Ltd. (hereinafter “B”) to sell KRW 281m2,975,000 (hereinafter “instant land”) land owned by Defendant C, etc. for KRW 2.975,00,000,000 (hereinafter “instant contract”). The written contract is signed and sealed by the Plaintiff, who is engaged in brokerage business under the trade name “I”.

B. On January 29, 2019, Defendant C, etc. entered into a contract with the J (hereinafter “J”) which sells 2/11 shares of the instant land in KRW 1.1 billion, and the remaining 9/11 shares in KRW 3.39 billion, and completed the registration of ownership transfer to the J on April 15, 2019.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) as the Defendants concluded the First Agreement through the Plaintiff’s brokerage, the Defendants are jointly and severally liable to pay the Plaintiff KRW 29,452,50 with the commission for brokerage fees, and Defendant C, etc. to the Plaintiff KRW 29,452,50.

Nevertheless, the defendants asserted that they concluded the second contract separately after the first contract, and refuse to pay brokerage fees to the plaintiff.

(2) The Defendants did not actually delegate the intermediation of the First Contract to the Plaintiff, and the Plaintiff did not perform the brokerage of the First Contract.

Defendant B specially recruited K as a person in charge of the purchase of the instant land, etc., and granted him/her a position as a director to perform the said duties together with L. Defendant G and the instant land that K and L represent Defendant C, etc.

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