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(영문) 서울중앙지방법원 2015.06.12 2014나34941
손해배상등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought for payment of the Plaintiff’s share, 1/2 of the monthly rent, public charges, and brokerage fees, among the premium for which a partner lost an opportunity to recover due to the suspension of his/her business, delinquency in the payment of rent, etc., against the Defendant. The court of first instance rejected the remainder of the claim after accepting the claim of 1/2 of the monthly rent and public charges.

Among these, the plaintiff only appealed against the portion of the brokerage commission, so the object of the judgment of this court is limited to the portion of the claim for the above brokerage commission.

2. Determination

A. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. 1) The Plaintiff and the Defendant agreed to receive 1/2 of the profits generated from G Licensed Real Estate Agent Office, jointly operated by the Plaintiff, among the profits generated from G Licensed Real Estate Agent Office. The Defendant, on August 6, 2012, received 6 million won of the commission after mediating real estate transactions with respect to the Seoul Seocho-gu F and the first floor, and thus, the Plaintiff is obligated to pay 1/2 of the commission to the Plaintiff. The Plaintiff agreed to receive 1/2 of the profits generated from G Licensed Real Estate Agent Office operated jointly with the Defendant. However, according to the evidence evidence No. 15, 16, and 17, the Plaintiff agreed to receive 1/2 of the profits generated from G Licensed Real Estate Agent Office operated jointly with the Defendant, and the Defendant, on January 8, 2013, filed a lease contract mediation for the whole first floor of the above building, and the Defendant received 200,000 won of the commission and delay damages from the Plaintiff and the Nonparty 2530,000 won of the above lease contract.

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