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(영문) 서울서부지방법원 2019.07.05 2018가단201767
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “C”).

on July 23, 2012, the Defendant (Seoul Mapo-gu Licensed Real Estate Agent for E-Real Estate Brokerage Services) is a licensed real estate agent for E-Real Estate Brokerage Services in Mapo-gu.

(B) The business of constructing officetels on a parcel other than F in Mapo-gu Seoul and 21 (hereinafter referred to as “instant business”).

(2) On July 9, 2013, the Defendant, etc. entered into a service agreement with G Co., Ltd. with respect to the said site with the following content:

C and E shall secure the above site as the project site of this case, and shall perform all business affairs in E, and shall perform a service contract.

The amount of the project site and the service fee for the performance of duties specified in the above paragraph: 30 million won (excluding value-added tax) shall be confirmed and sealed by both parties.

client: the defendant, the H

B. Around August 20, 2012, the Defendant’s broker entered into a sales contract with C to sell the instant land and its ground buildings in the amount of KRW 610 million (hereinafter “instant sales contract”).

According to Article 6 of the above sales contract, I must pay to the defendant the amount of KRW 610,000,000,000,000, which is the sales price, as brokerage commission, KRW 5,490,00.

C. Since then, the Plaintiff received the claim amounting to KRW 274.5 million out of the remainder of KRW 549 million, which I had against C according to the instant sales contract. Around July 9, 2013, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) stating that “I confirmed on May 9, 2013 that it transferred the claim for the purchase price to the Plaintiff, and that “the intermediary fee for the instant sales contract bears the burden of the Plaintiff” (hereinafter “instant agreement”).

On March 19, 2015, the Plaintiff paid KRW 5 million to the Defendant.

E) 1) B B B B B B B B between the L on March 30, 2015 and the removal cost of KRW 70 million (excluding value-added tax, and the removal period).

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