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(영문) 서울중앙지방법원 2015.09.16 2014가단5235618
중개수수료 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 2010, the Plaintiff asserted that “B, Lessee Co., Ltd., Ltd., DEL21 (hereinafter “DEL21”), the first floor and second floor of the Gangnam-gu Seoul Building Co., Ltd., the leased object of lease.”

At the time, the defendant jointly guaranteed all the obligations related to the above lease contract of DoelP21.

However, since DNA 21 did not pay a brokerage commission related to the above lease contract to the Plaintiff, the Defendant, who is a joint and several surety of DNA 21, is obligated to pay the above brokerage commission to the Plaintiff.

2. According to the judgment and the evidence Nos. 1 and 2, the Defendant’s joint and several guarantee of the remainder of the lease deposit, management expenses and public charges, and the performance of the obligation to restore to original state upon the termination of the contract under the above lease agreement. However, there is no evidence to acknowledge that the Defendant jointly and severally guaranteed the obligation to restore to original state upon the termination of the contract. Thus, the Plaintiff’s assertion is without merit without examining the remainder.

Therefore, the plaintiff's claim is dismissed.

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