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(영문) 창원지방법원 2017.11.09 2016나58434
용역비
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The court's explanation on this part of the basic facts is the same as the pertinent part of the reasoning of the judgment of the first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. In light of the Plaintiff’s assertion’s request for brokerage, the Defendant provided guidance to the Defendant to visit the site, etc., but the Defendant intentionally excluded the Plaintiff and entered into a sales contract for each real estate of this case with E, a seller without having contact with the Plaintiff, which is ultimately constituted by the Plaintiff’s act of brokerage. Thus, the Defendant is liable to pay the Plaintiff the commission of brokerage commission of KRW 12,00,000 and the delay damages therefrom.

B. Determination on the cause of a claim 1) The act of real estate brokerage as a broker mediates the act of the broker with respect to the purchase, sale, exchange, lease, and other acquisition, loss, or modification of other rights between the parties to the transaction. The broker may claim a brokerage commission from the broker only after the conclusion of the contract on the object of brokerage is completed, and in the event the act of brokerage is terminated without the achievement of its purpose, it shall not claim a brokerage commission according to the rate of conduct of brokerage (see, e.g., Supreme Court Decision 90Da18968, Apr. 9, 191). However, even though the contract has been formed through the act of brokerage of real estate broker, the broker and the other party entered into a contract directly with the broker without excluding the real estate broker for the purpose of avoiding the brokerage commission, and even though the real estate broker did not assume any responsibility for the formation of the contract, and thus the real estate broker was unable to participate in the preparation of the final contract.

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