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(영문) 서울중앙지방법원 2016.10.05 2016나18295
약정금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The plaintiff operates the E Licensed Real Estate Agent Office, and B is the plaintiff's brokerage assistant.

B. Around July 2013, Samsung Electronic Sales Co., Ltd. (hereinafter “Tsung Electronic Sales”) requested the Plaintiff to engage in physical color and brokerage in order to establish a regional agency of Ilsan.

C. B found the Defendant for this purpose, and confirmed that the Defendant intended to provide Samsung Electronic Sales with the land and above-ground buildings (hereinafter “instant land, etc.”) located in Seoyang-dong, Seoyang-gu, Busan-dong, Busan-dong, 849-1, the Defendant’s employees C knew that the Defendant had a selling company to B.

B, C, C, and C’s employees F, D, etc. agreed on the sale of the instant land, etc. on or around the end of July 2013, but the negotiation was suspended because Samsung Electronic Sales could not purchase the instant land, etc.

E. After that, B, C, F, and D continued negotiations on the lease of the instant land, etc., and B sent to Samsung Electronic Sales and the Defendant e-mail data that investigated the rental price of surrounding land and buildings, including the instant land.

F. On November 2013, the Plaintiff: (a) drafted and forwarded the draft of the lease agreement on the instant land, etc. to the Defendant and Samsung Electronic Sales; and (b) sent the draft of the lease agreement with the Defendant and Samsung Electronic Sales on several occasions in accordance with the Defendant’s direction; (c) the draft of the lease agreement with the specific terms and conditions or phrases modified; (d) the draft of the instant land, etc., sent KRW 500,000, monthly rent of KRW 221,000,000, monthly rent of KRW 60, monthly rent of KRW 76,000,000, monthly rent of KRW 60, and KRW 76,000,000, monthly rent of KRW 565,000, monthly rent of KRW 1/2 at the time of the commencement of the building on the instant land and KRW 1/2 at the time of completion of the building.

G. After doing so, the Defendant and Samsung Electronic Sales amounting to KRW 500,000,000 on the instant land, etc. without the presence of a real estate intermediary on March 11, 2014.

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