(영문) 인천지방법원 2015.07.17 2014나16449

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(영문) 인천지방법원 2015.07.17 2014나16449

중개수수료

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Facts of recognition;

A. The Defendant established a plan to transfer the warehouse of the company which was previously leased and used, and requested brokerage so that the Plaintiff, a real estate broker, can rent an appropriate warehouse to the Plaintiff.

B. The Plaintiff introduced to the Defendant a factory and concurrent warehouse located in Seo-gu Incheon, Incheon (hereinafter “instant warehouse”). Before entering into a regular rental agreement on the instant warehouse, the Defendant transferred KRW 1 million to the Plaintiff on February 26, 2014, and the Plaintiff, on February 27, 2014, again transferred the amount of KRW 1 million to the original self-check, Inc., the owner of the instant warehouse (hereinafter “the lessor of this case”).

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, and the purport of the whole pleadings

2. Determination on the main claim

A. At the time of the Plaintiff’s assertion, the Plaintiff shown several warehouses of this case to the Defendant at the time, and the Defendant agreed to conclude a regular rental agreement, and paid KRW 1 million to the lessor via the Plaintiff as the first down payment. Since the Defendant later, the instant warehouse was a doping system, such as where metal scrap was smelled and a large amount of fine dust, etc., and it was merely that the Defendant unilaterally refused the conclusion of a regular rental agreement which was scheduled on March 5, 2014, and the Plaintiff was the same as the Defendant completed the brokerage of the rental agreement on the instant warehouse, the Defendant should pay KRW 3,663,00 to the Plaintiff as the brokerage commission for the instant warehouse.

B. Determination 1 real estate brokerage act is an arrangement between the parties to a transaction regarding the object of brokerage, such as sale, exchange, lease, and other gain, loss, and transfer of rights. In principle, the broker is a written contract concerning the object of brokerage.

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