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(영문) 수원지방법원 평택지원 2018.05.30 2017가단63144

중개보수

Text

1. The Defendant: (a) KRW 54,00,000 for the Plaintiff and 5% per annum from May 13, 2016 to December 27, 2017; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On May 12, 2016, the Defendant concluded a sales contract between Nonparty C (hereinafter “seller”) and Nonparty C (hereinafter “instant sales contract”) that stipulated the sales price of KRW 6 billion for the land of KRW 52,042 square meters and the building of KRW 52,042 square meters and KRW 52,042,00,000,000,000,000,000,000,000,000,000.

B. On May 4, 2016, in relation to the conclusion of the instant sales contract, the Plaintiff prepared and delivered a confirmation and explanatory note of each of the instant real estates to the seller and the Defendant, and reported the Plaintiff’s real estate transaction contract with the broker at his/her Ansan.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. (1) Since the Plaintiff’s assertion (1) was the principal and the Plaintiff mediated the instant sales contract concluded between the seller and the Defendant, the Defendant is obligated to pay the Plaintiff an intermediary fee equivalent to 0.9% of the purchase price.

(2) The Defendant only requested Nonparty E to purchase each of the instant real estate, and did not request the Plaintiff to mediate the instant sales contract.

B. However, it is recognized that the Defendant requested the Plaintiff to mediate the conclusion of the instant sales contract.

The core purport of the above evidence is that the Defendant requested the Plaintiff to mediate the instant sales contract through Nonparty E, and that the Defendant was present and testified as a witness by Nonparty E, who requested the intermediation of the instant sales contract through the Plaintiff’s brokerage, taking into account the respective descriptions of the evidence Nos. 10 through 13 (including the serial number), and the witness E’s testimony. The core purport of the contract is that the Defendant was all acknowledged to have concluded the instant sales contract through the Plaintiff’s brokerage. The Plaintiff arranged the instant sales contract as a witness, and the principal did not perform the brokerage business only because he