(영문) 서울고등법원 2016.08.19 2015나2056923

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(영문) 서울고등법원 2016.08.19 2015나2056923

용역비

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1. The plaintiff's appeal against the defendant B is dismissed.

2.(a) At the request of change in the trial:

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is identical to the reasoning of the judgment of the court of first instance, except for the following parts to be stated in this case, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. On the part of the judgment of the court of first instance, the 10th parallel 12th parallel 14th parallel 10 to 14th parallel 2th parallel shall be followed as follows.

Article 71,329,500 won and damages for delay shall be paid to the Plaintiff if Defendant B does not have the obligation to pay to the Plaintiff the brokerage commission to be paid by Defendant C, and the Plaintiff’s bankruptcy claim against Defendant C is sought to determine the amount of KRW 71,329,500.

Part 17 of the judgment of the court of first instance, part 2 of the judgment of the court of first instance shall consist of five to five to five.

Furthermore, there is no other evidence to acknowledge that Defendant B intentionally excluded the Plaintiff in collusion with Defendant C to evade the brokerage commission to be paid to the Plaintiff (the Plaintiff is a document in which evidence No. 6 (Real Estate Consulting Contract) was falsely prepared, and the time when the certificate No. 5 (Real Estate Brokerage Contract) was prepared is not on May 25, 2014, but on or after June 2, 2014, the Defendant B transferred KRW 187 million to F for the purpose of consortiuming fees, but there is no evidence to acknowledge such assertion). The Plaintiff’s assertion on this part is without merit, which is premised on Defendant B’s tort.

The letter of first instance judgment from 17th to 13th shall be followed as follows.

C. According to the facts in light of the judgment as to the plaintiff's claim against the defendant trustee in bankruptcy, the plaintiff's right to claim payment of brokerage commission amounting to KRW 10,000,000 against C is recognized, and this constitutes a claim arising from a cause arising before the bankruptcy is declared, and thus, the plaintiff's bankruptcy claim against C is KRW 10,00,000.

3. The plaintiff's conclusion

참조조문

-민사소송법 제420조

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