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(영문) 제주지방법원 2020.10.19 2020가단2839
중개수수료
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff's assertion received five debentures from the defendant from the defendant in Seopopopopo-si C ground officetels, and purchased them, and paid a total of KRW 176,00,000 to the defendant.

However, the officetel introduced by the defendant was not a factory-type apartment.

Accordingly, the plaintiff mentioned above, the defendant returned only KRW 75,000,000.

Therefore, the defendant is obligated to return the remainder of the brokerage commission to the plaintiff 101,000,000 won.

Judgment

In light of the following facts and circumstances, the evidence submitted by the Plaintiff alone was mediated in order for the Plaintiff to purchase five copies of the instant officetels.

The above amount paid by the plaintiff to the defendant is insufficient to recognize that it constitutes a brokerage commission, and there is no other evidence to recognize it.

The defendant is not a professional broker, and the defendant was not a person who is in the position of arranging the above officetel in relation to the executive director or the contractor.

There is no objective data to verify at any time and by whatever method whether the Defendant has mediated the purchase.

The plaintiff purchased five bonds of the above officetel and paid approximately KRW 35,00,000 per brokerage commission with the fee for such purchase. This is the higher amount in light of the amount of brokerage commission paid in general transaction circumstances.

(The plaintiff does not know how much the above officetel was purchased). The payment of this amount to a person without professional qualifications as a brokerage commission is an example. However, the plaintiff is not clear about the reason or circumstance.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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