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1.The judgment of the first instance, including a claim modified in the trial, shall be modified as follows:
Defendant corporation.
Reasons
1. Facts below the basis facts do not conflict between the parties, or are recognized by comprehensively taking account of each testimony of Gap evidence Nos. 1, 2, 3, 3, 20, 37, and 44 (including the serial numbers), witness Q of the trial and H as a whole.
[1] Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation established for the purpose of brokerage business, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a corporation established for the purpose of rendering services, such as real estate analysis and management consulting services.
Defendant D and F are licensed real estate agents and employees of Defendant C, and Defendant E is also an employee of Defendant C as a broker assistant belonging to Defendant B.
[2] Around April 2012, Defendant D, an employee of Defendant C, sought the Plaintiff and offered consulting services so that he/she can sell at a price exceeding 12,50,000,000 won a building of the Gangnam-gu Seoul Metropolitan Government G big 52.7 square meters and its ground (hereinafter collectively referred to as “instant real estate”).
On May 7, 2012, the Plaintiff accepted this and entered into a sales consulting service contract (hereinafter “instant service contract”) with the content of receiving consulting services from Defendant C at KRW 200,000,000 (excluding value-added tax).
However, the contract was written on March 8, 201 as the date of concluding the contract.
The main contents of the instant service contract are as shown in the attached Form.
[3] The Plaintiff introduced the land and its ground buildings owned by Defendant D and E, I, 671.7 square meters in Dong-gu, Daejeon, and JJ large 497.9 square meters in size, as a thing for exchanging the instant real estate.
With H on May 30, 2012, the Plaintiff assessed the instant real estate as KRW 14,50,000,000 (including loans of KRW 8,000,000,000) and assessed as KRW 8,000,000 (including loans of KRW 3,000,000), and received an exchange difference of KRW 1,50,000,000 from H. However, the Plaintiff is paid the down payment of KRW 300,000 and the first intermediate payment of KRW 20,00,000 among them.