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(영문) 서울북부지방법원 2019.09.26 2019나614
분양수수료
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant newly constructed the Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as the “instant lending”), and entered into a sales agency service contract for the instant lending (hereinafter referred to as the “sale agency contract”) with the Plaintiff.

B. On April 2, 2018, the Plaintiff completed the sales agency service for the instant loan No. D, and the Defendant paid KRW 3,000,000 to the Plaintiff on July 5, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff, upon entering into the sales agency contract with the Defendant, agreed to pay KRW 5,00,000 per household sales commission at the time of entering into the sales agency contract with the Defendant. Since the Plaintiff completed the sales agency service with respect to the loan of this case, the Plaintiff shall pay the remainder of the sales commission (=5,000,000 won-3,000,000 won) and damages for delay to the Plaintiff.

3. According to the purport of the entire pleadings, there is no fact that the Plaintiff and the Defendant prepared a contract or other document on the payment of the sales commission at the time of the instant sales agency contract. However, there is not sufficient evidence to acknowledge that the Plaintiff and the Defendant have agreed to pay KRW 5,00,000 as the sales commission only with the respective descriptions of subparagraphs 4 and 5 and other evidence submitted by the Plaintiff, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's claim of this case based on the premise that the plaintiff and the defendant set a sales commission of KRW 5,00,000 is without merit.

4. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

In conclusion, the judgment of the first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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