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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Facts of recognition
On April 2010, upon receipt of a request from C to inquire of the person who will take over the right to operate the site restaurant (hereinafter “instant site restaurant operation right”) of the complex resort construction project (hereinafter “instant construction project”), the Defendant sent the Plaintiff to the early police officer, including the size of construction, meals, the number of construction workers, etc. of the golf course. The above part of the part, stating that the instant construction project will take place for four years beginning on June 2010.
On April 16, 2010, the Defendant introduced C, E, and F to the Plaintiff at the Shoma hotel located in Gangnam-gu Seoul Cheongdong, Seoul, as well as C, E, and C, and arranged the contents of the instant construction project and the right to operate the on-site restaurant as explained by E in the domain, and delivered them to the Plaintiff.
After that, the Plaintiff decided to acquire the right to operate the instant on-site restaurant, asked the Defendant of detailed terms and conditions of the contract, and agreed to pay KRW 45 million at the commission of the Defendant at the request of the Defendant to the Defendant.
On April 17, 2010, the Plaintiff, along with the Defendant, C, E, etc., sought an explanation that the instant construction starts and will be able to operate the field restaurant at the latest from August 2010 to August 2010, and determined to take over the right to operate the instant site restaurant at the time of the commencement of the instant construction, and paid 30 million won as down payment from that place to that place, and paid 45 million won as agreed upon to the Defendant.
The defendant paid 20 million won out of the introduction fee of 45 million won received from the plaintiff to E on the day of receipt, and paid 10 million won to C after passing through the payment. The rest of 15 million won was left in the defendant's account.
The Plaintiff, on July 19, 2010, was unable to start the instant construction work within the agreed time limit, and entered into an agreement on the transfer of the instant site restaurant operation right by deceiving the Plaintiff.