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(영문) 서울중앙지방법원 2019.02.20 2018나29473
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. (i) Defendant B (a dissolved by the resolution of the general meeting of shareholders on August 29, 2017) is a corporation established for the purpose of real estate brokerage business and medical consulting business, Defendant C is a broker assistant of Defendant B, Defendant D Association (hereinafter “Defendant Association”) established under the Licensed Real Estate Agents Act for the purpose of operating mutual-aid business to guarantee the liability for damages of practicing licensed real estate agents, and concluded a mutual-aid contract (mutual-aid number E) with Defendant B for the amount deducted between 200,000,000 won and the period of deduction from May 9, 2016 to May 8, 2017.

B. On October 2016, the Plaintiff, a dentist, introduced Defendant C, a staff member of Defendant B, while preparing for the opening of the dental hospital, and decided to request Defendant B to provide consulting services and real estate brokerage services for the opening of the dental hospital.

B. (1) On November 25, 2016, the Plaintiff entered into a commercial building lease agreement (hereinafter “instant lease agreement”) between F and F with respect to the lease deposit amounting to KRW 100,000,000 for the total 203.20 square meters of the five stories of the Gangnam-gu Seoul Metropolitan Building (a contract deposit of KRW 10,000,000 for KRW 90,000 for each payment on January 4, 2017), the remainder of KRW 90,000 for each payment on a contract basis), the rent of KRW 5,00,000 for each month, and the lease period from January 5, 2017 to January 4, 2019.

B. On November 25, 2016, the Plaintiff paid F the down payment of KRW 10,000,000 among the lease deposit, and on December 19, 2016, the Plaintiff paid the Defendant B the down payment of KRW 5,940,000 (including value-added tax) as an intermediary.

C. (i) On December 2, 2016, the Plaintiff entered into a contract for consulting services with Defendant B (hereinafter “instant service contract”) with the content that the Plaintiff entrusted Defendant B with the overall consulting service regarding the opening of dental hospitals, including hospital franchise and marketing, and pays KRW 2,200,000, for consulting services costs.

B. On December 19, 2016, the Plaintiff paid consulting service cost of KRW 2,200,000 to Defendant B.

The plaintiff entered into a lease agreement.

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