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(영문) 수원지방법원안양지원 2020.04.24 2019가단2122
중개수수료
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the consulting business for the purchase and sale of the medical care center under the trade name of “E,” and Defendant C is a transferor of G Care Center (hereinafter “instant medical care center”) on five parcels, including F in the case of Pakistan, and Defendant D is a transferee of the said medical care center.

B. The Plaintiff has been mediating the sale of the instant medical center several times. The Plaintiff became aware of the Defendant who had the intent to purchase the medical center by introducing the president I operating H medical center, and the Plaintiff sent the cadastral map of the land where the instant medical center was located for Defendant D by the e-mail.

C. Defendant D visited I and the instant medical care center to examine the current status, and explained the current status and sales amount from Defendant C.

B. On October 3, 2018, the Plaintiff prepared a “transfer/acquisition agreement” in the name of the Defendants as to the site for the above medical care and the medical care center (hereinafter “instant transfer/acquisition agreement”). The said agreement entered the total purchase price of KRW 1,700,00,000, and consulting fees into two percent of the purchase price, and the said agreement entered “the consulting company is not liable for the nonperformance of this agreement by the transferor and the transferee. In addition, the consulting fee arises simultaneously with the conclusion of this agreement, and the consulting fee is revoked or cancelled without intention or negligence (Article 6).”

C. The Defendants raised an objection to the above consulting fees, etc. After appointing a certified judicial scrivener separately and preparing a new contract, and completed the payment of the remainder and the procedure for ownership transfer registration of the pertinent medical center and its site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including additional numbers), Eul evidence No. 2, the purport of the whole pleadings

2. The Plaintiff’s judgment on the cause of the claim is a fee under the transfer agreement of this case.

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