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(영문) 서울중앙지방법원 2019.07.17 2018나76912
손해배상(건)
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. The Plaintiff is a licensed real estate agent conducting brokerage business under the trade name of “D Licensed Real Estate Agent Office,” and the Defendant and the Appointor C (hereinafter “Defendant et al.”) are co-owners of buildings E and F (hereinafter “instant real estate”).

B. On March 26, 2018, the Defendant, etc. requested the Plaintiff to mediate the lease of the instant real estate, and set the brokerage remuneration of KRW 1,408,00 (including value-added tax).

C. On March 27, 2018, the Plaintiff colored a person who wants to rent the instant real estate (hereinafter referred to as “voluntary lessee”) and exchanged detailed matters regarding the conclusion of the lease with the Defendant in writing, and on the message sent by the Plaintiff at around 14:54 of the same day, the message sent by the Plaintiff at around 14:54 of the same day is indicated as “I want to conclude the lease agreement on the following three occasions: Date: Tuesday: 27, 2018; 21:00 (Mate 9:0: D Licensed Real Estate Agent’s Office).”

In addition, at around 15:59 on the same day, the Plaintiff sent to the Defendant the detailed provisions entering into the lease agreement in writing, and among which part of Article 8 (Mediation Remuneration) stipulates, “The brokerage remuneration shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is null and void, cancelled or cancelled without the intention or negligence of the practicing licensed real estate agent,” and the Defendant confirmed this, at around 16:00 on the same day, sent to the Defendant, “Around 16:00, it is necessary to pay even if it is void.

E. After that day, the Defendant sent the Plaintiff the text message “I need to reverse the contract. I will not reverse the contract.” On the same day, the Defendant, etc. concluded a lease agreement on the instant real estate between the lessee and the lessee connected through H’s brokerage operated by the G Licensed Real Estate Agent Office, not by the Plaintiff, around 20:13 on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and Eul evidence 1 to 12.

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