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(영문) 수원지방법원 2020.02.14 2018나91315
중개수수료 청구
Text

1. The plaintiff's appeal and the additional selective claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The fact-finding and decision of the first instance court are justified even if the evidence submitted in the first instance court for the acceptance of the judgment of the first instance is based on the evidence submitted to this court.

Therefore, the reasoning for this court is as follows, except for the addition of the following '2. Selective claims' with respect to selective claims added by the plaintiff in this court, the reasoning for this court is as stated in the reasoning of the judgment of the first instance. Therefore, it is acceptable to accept this as it is in accordance with the main sentence of

2. Determination as to selective claims

A. Notwithstanding the Plaintiff’s claim, the Defendant knowingly paid H an intermediary fee of KRW 98,865,500 to H with knowledge that H is disqualified as a licensed real estate agent.

This constitutes a tort by which the Defendant paid H the Plaintiff’s share to the buyer, and thus, the Plaintiff did not receive the above brokerage commission. Therefore, the Defendant is liable to pay the Plaintiff the above brokerage commission and damages for delay.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant, the purchaser of the instant land, is obligated to pay the Plaintiff the brokerage commission for the instant land sales contract. There is no other evidence to acknowledge otherwise. Furthermore, even if H’s violation of the Licensed Real Estate Agents Act, it is difficult to view that there is a proximate causal relation between such circumstance and the Plaintiff’s damage

Therefore, the plaintiff's selective claim is without merit.

3. Conclusion, each of the claims of the Plaintiff in this case shall be dismissed as it is without merit.

Since the judgment of the court of first instance is justifiable, all of the plaintiff's appeal and the selective claims added by the plaintiff in this court are dismissed as it is without merit. It is so decided as per Disposition.

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