Text
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company running real estate brokerage business in Busan Jung-gu, Busan.
B. On February 2, 2015, the Defendant entered into a lease agreement with the Korea Madrid Limited Co., Ltd. on February 2, 2015 (a deposit KRW 50 million and monthly rent KRW 36.5 million; hereinafter “instant lease agreement”) with respect to the lease of the first and fourth floors of the underground floor located in Busan, Jung-gu, Busan, 53, and the 15th floor of the ground (hereinafter “instant shopping district”).
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The Plaintiff asserted that, around early 2015, the Plaintiff provided brokerage or advisory services upon a request from A, a representative director of the Defendant, to engage in the lease of the commercial building of this case. As a result, the instant lease contract was concluded.
Therefore, the defendant is obligated to pay the service cost of KRW 39.6 million to the plaintiff (including value-added tax).
3. According to the evidence Nos. 3 and 8, the Plaintiff appears to have received KRW 38.5 million (including value-added tax) from the Korea Mail Limited Company, the lessee, on April 29, 2015, in relation to the instant lease agreement. However, this is only the relationship between the Plaintiff and the said limited liability company, and thus, it cannot be the basis for the Defendant’s claim.
In addition, there is no other evidence to deem that the Defendant requested the intermediation or consultation of the shopping mall of this case to the Plaintiff.
Therefore, without examining the remaining issues, the plaintiff's assertion is without merit.
4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.