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(영문) 서울중앙지방법원 2016.09.08 2016나24689
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion is a person who operates a licensed real estate agent business under the trade name of "C", and the defendant is a person who has operated a private teaching institute on the fourth floor of the building located in Gangnam-gu Seoul Metropolitan Government D (hereinafter "private teaching institute of this case").

In order to operate a private teaching institute of this case, the Defendant entered into a lease agreement with the owner of the building of this case, but introduced a new lessee to the Plaintiff with the maturity maturity, and requested the new lessee and the lessor to mediate the conclusion of the lease contract of the building of this case and the premium contract between the new lessee and the Defendant.

At the request of the Defendant, the Plaintiff introduced a new lessee G through the brokerage assistant F of the Plaintiff, and through F, mediated the conclusion of a lease agreement with G and the lessor of the instant private teaching institute building, while mediating G and the Defendant to conclude the premium agreement with the instant private teaching institute.

Therefore, the Defendant should pay to the Plaintiff KRW 10,929,721 in the aggregate of KRW 10,929,721 in the amount of value-added tax 93,611 (7,036,110 x 0.12,90 x 0.1) (2), KRW 2,900,00 (amount of premium 29,000,000 x 10%) (3) Value-added tax 993,611 (amount of KRW 7,036,110 x 0.12,90,000 x 0.1).

2. Where a business opening broker employs a licensed real estate agent or brokerage assistant affiliated with a licensed real estate agent or an employee relationship is terminated, he/she shall report to the registration authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the business conduct of such reported brokerage assistant shall be considered as the conduct of the broker who employs such agent (see Article 15 of the Licensed Real Estate Agents Act). However, as to whether F is a brokerage assistant reported by the Plaintiff, or whether F’s business conduct can be seen as the Plaintiff’s act, the written statement of evidence Nos. 2, 4, 5, 6, 7, and 8

In addition, the plaintiff directly receives the request from the defendant, and the school of this case.

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