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(영문) 서울남부지방법원 2019.04.18 2018가단22354
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On July 1, 2010, the Plaintiff was delegated by Defendant B, the owner of the building of “E apartment”, who is a three-story underground in Yangcheon-gu Seoul Metropolitan Government D, 828.6 square meters, a commercial building of 13 stories above ground, an officetel, and an apartment building, with the duties of sales agency and advertising.

In return, the Plaintiff agreed to receive 4.5% of the sales price as a fee.

B. On April 5, 2011, the Plaintiff delegated Defendant C with the sales agency business of the said building, set the commission fee at 4.5% as above, and set 1% of the sales price as the Plaintiff acquired.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 2-2, Eul evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff asserted as to Defendant B is obligated to pay 45,00,000 won and damages for delay equivalent to 4.5% of the sales price to the Plaintiff, as the Plaintiff sold the above building in accordance with the delegation contract with Defendant B.

B. As Defendant C’s assertion against Defendant C sold the above building in accordance with the delegation contract with the Plaintiff and received fees of 200 million won from Defendant B, it is obligated to pay to the Plaintiff an amount equivalent to 1/4.5 of that amount and damages for delay.

3. However, the Plaintiff sold the above building in lots.

or there is no evidence to acknowledge that Defendant C received 200 million won of sales agency fees from Defendant B by selling the above building in lots.

Therefore, the plaintiff's assertion is without merit.

4. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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