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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion made an oral agreement to pay 3.5% of the selling price to the Defendant as a sales agency in relation to the sales agency for the 177 shop units in Seo-gu, Seo-gu, Seo-gu, Incheon (hereinafter “instant commercial building”), and completed the sales agency business as to 106, 107, 116, and 117 among the instant commercial buildings.
The Plaintiff received 6,090,140 won out of 45,830,820 won of the sales agency fee for the above 4 units. Thus, the Defendant is obligated to pay the remainder of the sales agency fee to the Plaintiff (=45,830,820 won-6,090,140 won).
2. The entries of Gap evidence Nos. 1-1 to 4, Gap evidence Nos. 2, 3, and Gap evidence Nos. 4-1 and 2 are insufficient to recognize that the other party who entered into a sales agency contract is the defendant, and there is no other evidence to acknowledge this.
The plaintiff's assertion is without merit without further review.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.