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(영문) 의정부지방법원 2015.06.25 2014나3017
수수료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 2012, the Defendant requested the Plaintiff, who runs the real estate brokerage business, with the trade name called “D Licensed Real Estate Agent Office”, to rent the 65m2 of the 1st commercial building located in the 1st commercial building located in the Do Government-si, where the Do Government-si, where the Do-si Office was a public room (hereinafter

At that time, the Plaintiff introduced the Defendant F Licensed Real Estate Agent F operating the “E Licensed Real Estate Agent Office” to the Defendant, who was unable to conduct the above brokerage due to other business affairs.

B. On October 19, 2012, the Defendant concluded a lease agreement of KRW 200,000,000 for the instant commercial buildings between the owner H and F due to the F of the “E Licensed Real Estate Agent Office” and the G brokerage, and between the owner H.

C. On October 19, 2012, the Defendant drafted a written confirmation stating that “The 7-day rental fee for the construction day shall be paid instead of G and F. The brokerage commission shall be an amount of KRW 1 million, not the statutory maximum rental fee.”

[Ground of recognition] The fact that there is no dispute, Eul evidence 1 (including the number of branches; hereinafter the same shall apply), witness F's testimony, the whole purport of pleading

2. The gist of the Plaintiff’s assertion, even though the Defendant and the owner of the instant commercial building performed brokerage activities, such as the adjustment of terms and conditions of lease between the Defendant and the owner H, the Defendant finally excluded the Plaintiff from entering into a lease agreement.

Therefore, the defendant is liable to pay 6,930,00 won [2,000,000 + 5,000,000 + 100 x 0.9% + 630,000 won] of the brokerage commission agreed upon to the plaintiff.

3. Determination

A. The act of real estate brokerage is to arrange the transaction, exchange, lease, and other acquisition and loss of rights between the parties to the transaction regarding the object of brokerage, and the broker is to do so only when a contract has been concluded between the client and the other party by his/her own act, that is, when a contract has been completed between the client and the other party.

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