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(영문) 수원지방법원 2018.05.09 2017나11022

부동산중개보수

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent operating the real estate brokerage business, and the Defendant is the owner of a building on land outside C and seven lots of land in Sungsung-si.

B. On February 3, 2017, the Defendant, as a broker, concluded a lease agreement with Nonparty D and the building at KRW 15,000,000, monthly rent of KRW 1,900,000 (hereinafter “instant lease agreement”).

C. The letter of confirmation of the object of brokerage attached to the instant lease agreement contains “Article 1,845,00 won” and “(15,000,000 (1,90,000 x 100) x (0.9%)” as an intermediary fee in the brokerage fee, and the following is written with the name and seal of the defendant, non-party D, and the signature and seal of the plaintiff.

The brokerage fee rate of real estate, such as the above building, shall be determined within 9/100 of the transaction amount by consultation.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,845,00,000 for brokerage fees and 15% of the annual damages for delay from March 21, 2017 to the date of full payment after the delivery of a copy of the complaint of this case.

The defendant did not agree with the plaintiff about the real estate brokerage fees, and the plaintiff prepared a contract by applying 0.9% which is the highest rate of 0.9% at his own discretion, and the defendant voluntarily affixed his/her seal by using his/her seal, but there is no evidence to acknowledge this, so the defendant

3. In conclusion, the plaintiff's claim of this case should be quoted on the ground of its reasoning. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.