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(영문) 서울동부지방법원 2016.01.08 2015나4490
알선소개료
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion argues that “The Defendant, as a licensed real estate agent on February 24, 2014, arranged and arranged a sales contract between D and E with respect to the land and building located in Gwangjin-gu Seoul Special Metropolitan City as a sales agent, and the Plaintiff confirmed the buyer’s intent to purchase through F, who was the principal agent in the process of concluding the sales contract, and introduced it to the Defendant as above. The Plaintiff and the Defendant agreed that the Plaintiff, including F, was to pay the amount of brokerage commission from the seller, and the Defendant was to pay the amount of brokerage commission from the seller, but the Defendant was to pay 12 million won from the buyer as well as the seller, so the Defendant is obligated to pay the Plaintiff 12 million won and the delay damages therefrom.”

However, it is insufficient to view that there was an agreement on the plaintiff's assertion solely with the statements of Gap evidence Nos. 1 through 5 (including paper numbers) and testimony of witness G, and there is no other evidence to prove this otherwise, the plaintiff's assertion is without merit.

2. As such, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked as it is unfair, and all of the plaintiff's claims shall be dismissed. It is so decided as per Disposition.

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