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(영문) 서울남부지방법원 2018.11.01 2017나5247
약정수수료
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 5 (including virtual numbers) and the purport of the entire pleadings, the plaintiff agreed with the defendant Eul who represented the defendant to arrange for the events in China and the defendant's accommodation contract as to "D Tourist hotel" operated by the defendant, and to receive a fee of KRW 5,00 per unit. The plaintiff arranged a lodging contract of KRW 23,845,000 for the period from July 2016 to August 2016, and the plaintiff was paid the above contract amount of KRW 2,260,000 for the above contract amount. On the other hand, the plaintiff, acting as a Chinese travel agent, arranged for a accommodation contract with the defendant and paid the above money to the defendant on behalf of KRW 810,00,000 for the accommodation expenses, and then the plaintiff was refunded the above accommodation expenses to the defendant on around July 2015 without being refunded to the plaintiff.

According to the above facts of recognition, the defendant is obligated to pay the remaining brokerage commission of KRW 2,085,00 and accommodation fee of KRW 810,895,00 as claimed by the plaintiff, and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 27, 2016 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that C does not consent to the fee payment agreement with the plaintiff.

However, the defendant recognized that the defendant's employee C has reported to the representative director the agreement with the plaintiff, that C cannot find any motive to make a fee payment agreement with the plaintiff despite the defendant's representative director's intention to refuse the contract, and C also filed a report on the agreement with the defendant representative director through the confirmation document, and that is accordingly.

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