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(영문) 대전지방법원 2015.05.15 2014나18146
공사대금
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. A. Around January 2014, the Defendant’s referred “D Licensed Real Estate Agent Office” operated by the Plaintiff and asked the Plaintiff of whether there was a commercial building in sales in neighboring areas, and the Plaintiff introduced No. 305 to Sejong Special Self-Governing City E.

B. As C’s children, on January 12, 2014, F, the Defendant’s sentence, entered into a contract for the sale of the purchase price of KRW 804,00,000 of the sale price of KRW 305 on the same day, and the Defendant, on the same day, entered into a contract for the lease of KRW 100,000,000,000 (hereinafter “instant store”) from Altotoon Co., Ltd., to lease KRW 306 (hereinafter “instant store”).

C. Meanwhile, at the time when the Defendant entered into a lease agreement with respect to the instant store on January 12, 2014, the Defendant and Alan Co., Ltd.: (a) concluded a special agreement stating that “a lessor may sell the instant store to a third party upon completion of construction on condition that he/she succeeds to the entire terms of the lease agreement equally; and (b) according to the said special agreement, the Defendant concluded a lease agreement that was identical with the instant store lease agreement that was entered into with Alanland, Inc. on April 2, 20

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion provided various information related to the store of this case to the defendant's attached C, and introduced H and I in Altoa Co., Ltd., a lessor, to the extent that the sales price was lowered. However, the defendant did not pay to the plaintiff the brokerage commission related to the lease of the store of this case. Thus, the defendant is obligated to pay 8.1 million won and its delay damages to the plaintiff.

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