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(영문) 부산지방법원 2018.08.21 2017가단22892

중개수수료

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1. The Defendant’s KRW 18,900,000 per annum for the Plaintiff and 5% per annum from February 28, 2017 to August 21, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business with the name of "D" located in the Busan-gu Busan-gu, and the Defendant is a corporation whose head office is located in the Busan-gu, Busan-gu, which is the owner of F. F. 656.9m2 and underground floors, eight-story neighborhood living facilities and accommodation facilities (hereinafter "the instant real estate").

B. On December 23, 2016, the Defendant requested the Plaintiff, a licensed real estate agent, to sell the instant real estate, and accordingly, entered into a contract to sell the instant real estate in KRW 6.3 billion with the joint purchaser G and five other parties as a broker (hereinafter “instant sales contract”), and received KRW 150 million as the down payment on the day.

C. The instant sales contract contains the following:

Article 7 (Mediation Remuneration) A practicing licensed real estate agent shall not be liable for the default of this contract by the seller or buyer. In addition, brokerage remuneration shall be paid by both the parties to this contract at the same time as this contract is concluded, and brokerage remuneration shall be paid even if this contract is invalidated, cancelled or cancelled without any intention or negligence by the practicing licensed real estate agent. In the case of a joint brokerage, the seller and the buyer shall pay brokerage remuneration to the practicing licensed real estate agent who has requested the brokerage respectively." "Article 9 (Preparation of Confirmation and Description, etc. of Object of Brokerage)" (Article 9 (Delivery, etc. of Certificate of Confirmation, etc. of Object of Brokerage) shall be prepared and delivered to both parties to the transaction simultaneously with the conclusion of the contract along with a copy of the business guarantee relation (certificate of credit)."

D. The description of confirmation of the object of brokerage attached to the instant sales contract states that the brokerage remuneration to be paid by the Defendant to the Plaintiff is KRW 56.9% of the sales amount, and the brokerage commission is within the scope of 9/1,000 of the sales amount.