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(영문) 부산지방법원동부지원 2019.01.30 2017가단214468
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around January 2017, the Ministry of Maritime Affairs and Fisheries: (a) discovered a building to be used as the office of the Maritime Affairs and Tax Office; (b) at the time, D employees of the said Office requested the representative of the Plaintiff, who was the subsequent university, to color up to 700 - 1,000 square meters for exclusive use, and about 70 - number of parking spaces.

B. Accordingly, E recommended D to D the fourth and fifth floor of the F building in Busan Shipping Daegu (hereinafter “instant real estate”).

C. On April 2017, the Defendant, as the actual owner of the instant real estate, entered into a lease agreement with the Shipping Tax Department and the instant real estate with a monthly rent of KRW 78 million (excluding value-added tax) without a deposit.

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleading

2. Judgment on the plaintiff's assertion

A. On January 2017, the Plaintiff’s summary of the Plaintiff’s assertion was entrusted by the Defendant and the Maritime Affairs Office with the brokerage of the lease of the instant real estate, and thereafter, the Plaintiff was acting as an intermediary, such as arranging the remainder between the Defendant and the Defendant, and conducting consultation on both sides and the terms and conditions of the contract. As such, a lease agreement on the instant real estate was concluded.

Therefore, the defendant is obligated to pay to the plaintiff 70 million won and damages for delay, out of the money corresponding to the statutory brokerage commission for the above lease agreement.

B. In light of the conclusion of the judgment, the intermediary is acting as an intermediary to conclude a contract between the parties to the transaction, and the intermediary may be commissioned by either party and may be commissioned by both parties. Thus, in the event of a claim for remuneration based on the intermediary contract, the claimant must prove that the intermediary contract was concluded with the other party.

As to the instant case, the statement of No. 3 and the witness G, which correspond to the fact that the Defendant requested the Plaintiff to act as a broker for the instant real estate.

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