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(영문) 의정부지방법원 2015.12.11 2015나9098

중개수수료

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply)’s statement and pleading as to the cause of the claim, the defendant, on April 4, 2014, delegated the mediation of the lease agreement with the plaintiff, a licensed real estate agent for the first time, the defendant, as the broker of the defendant, for the Goyang-dong C 916 (hereinafter “instant house”). The defendant, on April 4, 2014, delegated the brokerage of the lease agreement with D as to Goyang-dong C 916 (hereinafter “instant house”); the defendant, on April 4, 2014, stated the lease deposit amount of the instant house as KRW 20,00,000,000 with D, from April 15, 2014 to April 14, 2015; the defendant already paid KRW 00,000,000,000, 200,000, 200.

However, the legal relationship between a real estate broker and a client is a principle that, in principle, a mandatary may claim the agreed amount in principle, in cases where he/she has agreed on the agreed amount of remuneration in a delegation contract due to a delegation relationship under the Civil Act. However, when considering the circumstances of delegation, the process and difficulty of delegated affairs, the degree of effort made by a delegating, specific benefits that the delegating person gains in the course of performing his/her duties, and all other circumstances revealed in the pleadings, the agreed amount unfairly excessive and when there are special circumstances deemed to be contrary to the principle of good faith and the principle of equity,

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