(영문) 수원지방법원 2020.09.23 2019나90296

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(영문) 수원지방법원 2020.09.23 2019나90296

중개수수료 및 미지급 수리비 등

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On March 31, 2017, the Plaintiff entered into a lease agreement with the Defendant on the condition that the C Apartment D (hereinafter “instant apartment”) will be leased by setting the deposit amount of KRW 510 million from May 25, 2017 to May 24, 2019 (24 months) (hereinafter “instant agreement”).

B. On May 25, 2019 according to the instant contract, the Defendant: (a) requested the Plaintiff on June 19, 2018, when residing in the instant apartment upon delivery; (b) on June 19, 2018, the instant contract term, and (c) notified the Plaintiff of the deposit desired, the Defendant sent a text message to the real estate brokerage office that the Plaintiff would request brokerage of the instant apartment lease to the real estate brokerage office so that the Plaintiff does not incur brokerage commission.

C. Accordingly, the plaintiff needs to terminate the contract of this case.

The agency did not object to the agency, but the defendant expressed his objection to the mediation request for the lease of the apartment of this case, and directly requested a licensed real estate agent E for the lease of the apartment of this case.

On August 25, 2018, the Plaintiff entered into a lease agreement with the new lessee F with the instant apartment as a broker of the foregoing E, and the Defendant delivered the instant apartment to the Plaintiff around October 30, 2018.

E. Meanwhile, as Suwon District Court Decision 2018Da41637, E filed a lawsuit against the Plaintiff seeking the payment of brokerage commission of the said lease agreement (hereinafter “instant lawsuit”), and on March 20, 2019, the conciliation was concluded that “the Plaintiff shall pay KRW 500,000 to E” by March 29, 2019.

After that, the Plaintiff paid the above KRW 500,000 to E according to the result of the instant litigation conciliation.

[Ground of recognition] Evidence Nos. 1, 2, 3, Eul Nos. 1 and 6, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The plaintiff's assertion.

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