logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.10.13 2016가단29303
중개수수료
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the parties’ assertion

A. The Plaintiff entered into an agreement with Defendant C, who has the Plaintiff’s qualification certificate, to jointly operate the real estate brokerage office and distribute profits to 50:50 by jointly operating the real estate brokerage office.

However, since Defendant C did not settle the accounts in violation of the above business agreement, it is a part of the above settlement amount against Defendant C. The payment of 33,500,000 won and damages for delay arising from the 12 mediation contracts, which are confirmed to have been arranged by the Plaintiff under the contract.

Defendant B is liable to pay the said money jointly and severally with Defendant C to the Plaintiff, who received the brokerage commission to be paid by Defendant C as its own passbook.

B. Defendant C merely borrowed and used a licensed real estate agent qualification certificate in KRW 4,00,000 per annum from the Plaintiff, and the Plaintiff did not have concluded a partnership agreement with the Plaintiff, and the Plaintiff’s claim against the Defendants on the premise that the partnership agreement exists, is without merit.

2. In addition to the purport of the entire pleadings in each of the statements stated in Gap evidence Nos. 1 through 3 and 8 through 11 (including each number; hereinafter the same shall apply), the real estate brokerage office under the name of the plaintiff is established in Seongdong-gu Seoul Metropolitan Government D building and the name of "F Licensed Real Estate Agent Office" in the name of the plaintiff around November 2012, the existence of 12 real estate transaction contracts under the name of the plaintiff as the representative of the above real estate brokerage office until then 2014, and the fact that defendant C actually operated the above real estate brokerage office can be acknowledged.

However, the above evidence, evidence No. 1, evidence No. 1, and witness G testimony added to the overall purport of the pleadings. In other words, Defendant C is subject to criminal punishment for violating the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act on the ground that the Plaintiff borrowed a licensed real estate agent qualification certificate from the Plaintiff and operated the said brokerage office

arrow