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(영문) 서울고등법원 2017.03.14 2016나2041058
중개수수료
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial required to extend or purchase a factory, and C, an intermediary assistant to the Plaintiff, visited a police officer, during January 2014, thereby soliciting A’s director D to purchase a factory.

B. After that, C and D visited and inspected factories, etc. located in the dispatching city for the purchase of the factory. The representative director E also D and C visited the above factory, but the sales contract for the factory located in the dispatching city was not concluded due to the difference in the sales price (12 billion won, 15 billion won).

On the other hand, at the time, A would like to purchase C a factory of 13 billion won.

C. On March 2014, C listened to the small sense that the Defendant, who was employed by the Defendant, intended to sell the FF factory site in Nam-gu Incheon Metropolitan City, 6,189.3 square meters, G factory site 1,660 square meters, and its ground factory buildings (hereinafter “instant factory”) and inspected the instant factory by the head of H director’s guidance, who was an employee of the Defendant, around March 20, 2014.

C around March 21, 2014, A explained A’s director D of the instant real estate status or terms of sale (the fact that the amount consulted by the Defendant with the bond group is KRW 14 billion). On March 24, 2014, C visited D directors of the instant real estate and offered I to introduce the Defendant’s director I. At that time, I tried to sell the instant factory at 14 billion won and the buyer again leased the factory to the Defendant.

E. On March 24, 2014, around March 24, 2014, A visited the instant factory with C and D, and sought explanation from the Defendant’s chief Justice J, etc. and confirmed the factory allocation level, etc.

F. However, the Defendant was admitted to sell the instant factory at 14 billion won, and A did not reach an agreement on the purchase price, desiring to purchase at 13 billion won.

G. After that, the defendant on April 25, 2014.

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