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(영문) 서울중앙지방법원 2015.05.08 2014나46784
손해배상(기)
Text

1. The plaintiff's appeal and the claim against the defendant C added as preliminary in the trial are all dismissed.

2...

Reasons

1. Facts without dispute;

A. The plaintiff is a clan established by A descendants.

B. Defendant B is a person who served as the Secretary General of the Plaintiff clan from December 2003 to December 2012.

Defendant C is a person who has arranged the lease, etc. of the office of the building owned by the Plaintiff clan.

2. Judgment on the main claim

A. Even in cases where Defendant B’s assertion that there is no need for the intervention of an intermediary in the lease of a D building office, the Plaintiff paid an intermediary fee by participating in the Defendant C, or paid an intermediary fee in addition to 0.9%, which is the upper limit for the payment of the intermediary fee, and the Defendant C received intermediary fees and consulting fees by participating in the above illegal acts by Defendant B.

As the Defendants’ tort committed by the Defendants, the Plaintiff clan suffered damages of KRW 98,032,00, the Defendants are jointly and severally liable for the damages to the Plaintiff.

B. It is insufficient to recognize that the statement of Gap evidence Nos. 1 through 10 (including the branch numbers) alone has caused the plaintiff's clan to pay brokerage commission and consulting expenses to the defendant Eul in violation of his/her duties, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion on the part of defendant B's act of breach of duty and the part of defendant C's participation is without merit without any further review.

3. Determination on the conjunctive claim

A. The agreement on real estate brokerage commission concluded between Defendant C and the Plaintiff is null and void to the extent that exceeds the extent prescribed by the relevant statutes relating to the Real Estate Brokerage Act.

However, Defendant C, while acting as an intermediary when the Plaintiff leases part of the D building to the 1st underground floor, the 4th underground floor, the Korea Standards Bank, and the E.I.D., received the fees equivalent to 1.1% of the transaction price from the Plaintiff in addition to 0.9% of the statutory real estate intermediary fee, which is the upper limit of the real estate intermediary fee. This is null and void.

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