(영문) 수원지방법원 2015.09.03 2015나9377 | 리걸엔진

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(영문) 수원지방법원 2015.09.03 2015나9377

중개수수료

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. On August 10, 2013, the Defendant visited the Plaintiff’s “C Licensed Real Estate Agent Office” operated by the Plaintiff and asked the Plaintiff of whether there is a suitable commercial building by speaking the plan to rent the shop operating D’s franchise store. The Plaintiff introduced to the Defendant several commercial buildings including approximately 43 square meters on the first floor (Adong) located in Pyeongtaek-si E(hereinafter “instant store”).

B. At the time, the store of this case was operated by the existing lessee, and the Defendant was in need of a lease contract with the lessor and a contract for transfer of rights with the existing lessee in order to operate a franchise store at the store of this case.

C. The first KRW 38 million was presented as the premium for the instant store, but the Defendant, around August 12, 2013, requested the Plaintiff to adjust the premium reduction due to the amount of the said premium.

On August 14, 2013, the Defendant entered into a lease agreement and a contract for transferring the right of KRW 30 million for the instant store from August 30, 2013 to August 29, 2015 (hereinafter “instant contract”) with regard to the instant store as a broker of G operating “F Licensed Real Estate Agent Office” and “H Licensed Real Estate Agent Office” (hereinafter “instant contract”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 16, Eul evidence Nos. 1-3 and video (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion concluded a mediation contract with the defendant on the lease contract of the store of this case and the contract on the transfer of right to the store of this case. Although the defendant did not pay a brokerage fee to the plaintiff, the defendant did not pay the brokerage fee to the plaintiff. Thus, the defendant is the amount of KRW 5,160,000 [the amount of KRW 1,080,000,000,000 won for the lease contract.]

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