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(영문) 서울동부지방법원 2016.03.18 2015나6458

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

1..

Reasons

1. Basic facts

A. The Plaintiff, as a licensed real estate agent, runs the real estate brokerage business under the trade name of “C Licensed Real Estate Agent”, and D is a brokerage assistant belonging to the Plaintiff.

B. On March 18, 2015, the Defendant and E concluded a sales contract with the content that the Defendant sells the land and its ground buildings in Gwangjin-gu Seoul Special Metropolitan City to E in KRW 1,490,000,000 (hereinafter “instant sales contract”).

C. The sales contract prepared at the time of the above sales contract (hereinafter “the sales contract of this case”) bears the signature and seal of the defendant and E, and the “corporate real estate agent” bears the Plaintiff’s signature and seal on the “corporate real estate agent” column.

The contract of this case contains the following descriptions:

Article 7 (Mediation Remuneration) A practicing licensed real estate agent shall not be liable for the seller or buyer's non-performance of this contract.

In addition, the brokerage remuneration shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is null, void, or cancelled without the intention or negligence of the practicing licensed real estate agent.

In the case of joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent who has requested such brokerage, respectively.

E. Of the description of confirmation of the object of brokerage, etc. prepared together at the time of the preparation of the instant sales contract, the phrase “matters concerning brokerage remuneration, etc.” refers to “13,410,000 won” and the details of the calculation are indicated as “1,490,000 won x 0.9% x 0.9% x 0.9%”. The name and seal of the Defendant and E is affixed to the seller and the buyer’s column, and the Plaintiff’s signature and seal

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

2. The assertion and judgment

A. The plaintiff's assertion and judgment on the cause of the claim (1) The defendant who claims the plaintiff is obligated to pay to the plaintiff the brokerage commission set forth in the mediation commission payment agreement and the damages for delay.

(b).