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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Around October 2013, the Defendant entered into a lease agreement with the Plaintiff to lease KRW 2-4 stories above ground among the buildings located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant building”), KRW 270.34 square meters among the 1st floor, and KRW 440.38 square meters among the 1st floor below ground during the period from November 1, 2013 to October 31, 2018, KRW 200 million, monthly rent of KRW 31.2 million, and between C and October 18, 2013, the Defendant concluded a lease agreement to lease KRW 19 square meters among the 1st floor above the instant building during the period from November 1, 2013 to October 31, 2018.
The plaintiff presented the terms and conditions of the lease from the defendant and entered into each of the above lease agreements with the lessor and the lessee as a broker. Thus, the defendant asserts that the defendant is obligated to pay the plaintiff the amount of KRW 30,735,00 (A brokerage commission of KRW 29,880,000 (C brokerage commission of KRW 85,000) and the delay damages.
According to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, brokerage refers to mediating the transaction, exchange, lease, and other gain, loss, and transfer of rights between the parties to a transaction regarding the object of brokerage (Article 2 subparagraph 1); brokerage refers to providing brokerage services at another person's request for a certain remuneration and receiving a certain fee (Article 2 subparagraph 3); and brokerage refers to receiving a fixed fee from the client with respect to the brokerage business (Article 32 (1) main text); and in this case, the broker is receiving the prescribed fee from the client (Article 32 (1) main text); the defendant entered into each lease contract as the broker; the defendant presented the terms and conditions of the lease contract to the plaintiff; solely based on the fact that the defendant presented the lease guarantee amount, monthly rent, etc. to the plaintiff,
Rather, with respect to the part leased by A among the instant building, the Plaintiff, as a former lessee, is a medical care hospital for the elderly.