(영문) 서울중앙지방법원 2015.09.04 2014가단5351237

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(영문) 서울중앙지방법원 2015.09.04 2014가단5351237

중개수수료 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendants, who entered into the instant lease agreement, leased the lease deposit amount of 184.83 square meters on December 5, 2014 to E Co., Ltd. (hereinafter referred to as “E”), 50 million won, monthly rent of 32 million won, and the lease term from December 19, 2014 to December 18, 2019.

The instant lease agreement includes the United Nations Real Estate Broker Co., Ltd. (hereinafter referred to as a “small and medium enterprise”) and the Plaintiff as a broker.

[Ground] Evidence Nos. 2 and 3

2. Determination

A. Since the instant lease contract was concluded by the Plaintiff’s assertion as the broker, the Defendants should pay to the Plaintiff the commission of brokerage fee of KRW 3.3 million and damages for delay.

B. In light of the following circumstances, the Defendants requested the Plaintiff to mediate the instant lease agreement in light of each of the statements in the evidence Nos. 4 to 10 and the overall purport of the pleadings.

Nor can it be deemed that the mediation contract was concluded between the Defendants and the Plaintiff, and it is reasonable to deem that the non-party corporation as the broker of the lessor (the Defendant) was concluded as the broker of the lessee, and that the Plaintiff was concluded as the broker of the lessee. Therefore, the Defendants do not have an obligation to pay the brokerage fee to the Plaintiff

① The Defendants concluded an exclusive brokerage contract with a non-party corporation, and there is no reason to conclude an brokerage contract with another broker.

② The Plaintiff and Nonparty Corporation entered the documents, such as the E’s letter of intent to rent or lease, and the Defendants received the said letter of intent to rent out, etc. from the Nonparty Corporation.

③ The instant lease agreement was written in the office of the non-party corporation.

④ After the conclusion of the instant lease agreement, the non-party corporation received brokerage commission under the exclusive brokerage agreement from the lessor, and did not receive brokerage commission from E, the lessee.

The plaintiff was paid brokerage commission from E.

(5)

유사 판례

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