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(영문) 제주지방법원 2020.09.24 2020가단2327
중개수수료
Text

1. The request is dismissed.

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

Reasons

1. On February 5, 2016, the Plaintiff: (a) received three debentures from the Defendant from the Defendant; and (b) paid the Defendant a brokerage commission of KRW 40 million and a down payment of KRW 1 million on February 5, 2016; and (c) KRW 35 million and a down payment of KRW 10 million on February 19, 2016.

However, the building introduced by the defendant was not a factory-type apartment.

Therefore, the plaintiff's claim was rejected, and the defendant returned only 30 million won.

Therefore, the defendant shall also return the remainder of the brokerage commission 45 million won.

2. In order to recognize the cause of the claim, it must be proved that the Plaintiff paid 75 million won to the Defendant was a brokerage commission.

However, it is difficult to view that the evidence submitted by the Plaintiff alone paid the money as a brokerage commission and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim cannot be accepted, and it is so decided as per Disposition.

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