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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 2017, the Plaintiff’s assertion, C, D, A, and Defendant 5 agreed to jointly mediate the trade of Pyeongtaek-si Ewon 6,588m2 (193m) (i.e., attracting each purchase investor by 1/2 each of the Plaintiff and the Defendant) and to equally distribute the brokerage commission incurred therefrom (hereinafter “instant agreement”).
However, after the completion of mediation of the above land, the Defendant did not pay to the Plaintiff the amount of KRW 45 million equivalent to the Plaintiff’s share (225 million / 5 million) despite having received the payment of KRW 225 million from the landowner.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 45,000,000 and damages for delay pursuant to the instant agreement.
2. The testimony of the witness F alone is insufficient to recognize that there was an agreement as alleged by the Plaintiff, as otherwise alleged by the Plaintiff, and that the Defendant was paid KRW 225 million by the land owner, and there is no other evidence to prove otherwise.
[However, in full view of evidence Nos. 4 and 5, the plaintiff and the defendant agreed to sell the above land around August 15, 2017, after securing 1/2 of investors to purchase the above land and purchasing 1/2 to purchase the above land at ordinary 2 million won, to resell the above land after obtaining permission to use the road for the above land and obtaining permission to develop the above land (per 500,000 won per ordinary 50,000 won) with consent to use the road for the above land, and to divide the remaining profits from the resale price (per 2.55 billion won per ordinary 2.8 billion won) into two different accounts. The above agreement is concluded between the plaintiff and the defendant as to the seller, G, H, I (the representative), the purchaser, the representative director, the representative director, 4, 217, 400, and 338-2 as to the above land as a broker after consultation with the defendant's office (the above real estate agent is recognized as a broker after consultation with the defendant's office.