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(영문) 서울중앙지방법원 2013.12.03 2013가합33220
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On March 17, 2011, the Defendants entered into a sales service contract with the Busan Urban Corporation on the rear site B of the Busan Urban Corporation (hereinafter “the rear site”) where the Busan Urban Corporation sells the rear site, and performed the sales agency service in accordance with the said contract.

B. On June 2, 2011, the Busan Urban Corporation sent a public letter to the Defendants that “the Defendants will temporarily suspend the sales agency business of the Defendants and directly sell the housing unsold in lots until the time among the hinterland sites in the instant case, by November 31, 2011.” The Plaintiff promoted a blanket sale with the UN Vien Construction Co., Ltd. (hereinafter “NB”) introduced by the Plaintiff. As the agreement on the blanket sale was not reached due to the nonperformance of the obligation of construction, the Defendants again forced the Defendants to sell the housing unsold in lots on September 1, 201.

C. On September 7, 2011, the Busan Urban Corporation concluded a sales contract with Nonparty C Co., Ltd. (hereinafter “C”) with respect to the instant site (hereinafter “instant site”) in Busan Port D, E, F, G, H, and I (hereinafter “C”).

(hereinafter referred to as “instant sales contract”). [Grounds for recognition] : (a) the absence of dispute; (b) each entry in the evidence Nos. 1, 2, and 4 (including each number; hereinafter the same shall apply); and the purport of the whole pleadings.

2. Determination

A. The Defendants asserted that the Plaintiff requested the Plaintiff to color the company, and accordingly, proposed to pay brokerage fees in the event of sale. The Plaintiff, which he introduced, accepted the Defendants’ proposal and mediated the contract with C, and concluded the instant sales contract between Busan Urban Corporation and C on September 7, 201. Thus, the Defendants concluded a sales contract between the Plaintiff and the Defendants on September 7, 201, in accordance with the agreement on the payment of commission between the Plaintiff and the Defendants.

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