beta
Text
1. The Defendant’s KRW 130,000,000 as well as the Plaintiff’s annual rate from December 8, 2015 to August 9, 2017.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. The following facts can be acknowledged in light of Gap evidence Nos. 1, 3, 4-1 to 15, Gap evidence Nos. 5 to 9, Gap evidence No. 13, Gap evidence Nos. 15, Eul evidence No. 15, Eul evidence No. 4, and the purport of the whole pleadings, and contrary Eul evidence Nos. 2 are likely to believe, and there is no other counter-proof.
(1) The plaintiff is a person engaged in licensed real estate agent business, and the defendant is a doctor.
(2) On May 2015, the Plaintiff, via Nonparty C, was requested to sell the land and building of the EF Care Center and the F Welfare Service (hereinafter “instant medical care center”) located in the case of inside of Nonparty D, and the instant medical care center’s goodwill.
(3) The Plaintiff introduced the instant medical care center to the Defendant, in which he was in charge of the instant medical care center, and the Defendant promised that “the Plaintiff would pay KRW 200 million to the Plaintiff, if the Plaintiff would be able to purchase the instant medical care center by the Defendant.”
(4) The Plaintiff and the Defendant asserted that there was no agreement between the Plaintiff and the Defendant to receive fees from D. However, according to the evidence of the above belief, the Plaintiff and the Defendant sufficiently recognized the fact that they agreed to the fee, and contrary thereto, it is difficult to believe in light of the description of evidence No. 15. 15). Accordingly, the Plaintiff and the Defendant endeavored to take over the instant medical care center from D at the highest price, while making efforts to ensure that they would take over the instant medical care center from D with D as much as possible. As a result, it was difficult to set up a plan to provide D with KRW 1 billion once.
(5) Around May 27, 2015, as a result of the efforts under the plan, D and the Defendant paid KRW 1 billion to D and D, but D agreed to set up a provisional registration of the right to claim ownership transfer on the instant site and building for the medical care center in question to the Defendant, and D under the agreement above.