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1. The plaintiff's appeal and the claims extended by this court are all dismissed.
2. Demanding and expanding the costs of appeal.
Reasons
1. The reasons why the court shall explain this part of the basic facts are the same as the part of the judgment of the court of first instance, and therefore, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) received a request from F to sell the instant work in total of KRW 30,000,000 and KRW 330,000,000,000 from F. The Defendant agreed to pay to the Plaintiff a brokerage commission equivalent to 10% of the above purchase price, upon F’s consent with respect to the instant proposal, for the Plaintiff to purchase the said work in total at KRW 280,000,000. The Defendant received the said work from F while paying the purchase price to F. The Defendant acquired the said work from F.
3) Therefore, the Defendant is obligated to pay to the Plaintiff the brokerage commission fee of KRW 29,700,000,000, plus value added tax (i.e., KRW 27,000,000, value added tax) and damages for delay thereof. (ii) Even if there was no such brokerage commission payment agreement between the Plaintiff and the Defendant, the Plaintiff may exercise against the Defendant the obligor’s right to claim remuneration under the Civil Act or the commission agent’s right to claim remuneration under the Commercial Act. Since the brokerage commission for the sale of art works is 10% or more of the sales price, the Defendant is obligated to pay the Plaintiff the above amount equivalent to KRW 297,00,000,000, added value added tax to 10% of the sales price of the instant work as remuneration of the mandatary or the commission agent.
B. As to the existence of a commission agreement, F and the Defendant prepared KRW 280,000,00 as a check in accordance with the determination of the purchase price of the instant work as KRW 280,000,000, and the Plaintiff recommended F to reduce the purchase price on the date of the conclusion of the sales contract.