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(영문) 인천지방법원 2020.08.25 2020나50747

기타(금전)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating A Licensed Real Estate Agent Office on the first floor of Bupyeong-si, Seocheon-si, C and D, and the Defendant is the owner of cement brick 270.18 square meters of business facilities on the second floor of cement brick 270.18 square meters (hereinafter “instant real estate”).

B. With respect to the instant real estate lease agreement, the Plaintiff was requested by F Co., Ltd. F (hereinafter “Lessee”), and the Defendant requested brokerage from H of the G Real Estate Agent Office H of the G Real Estate Agent Office.

C. On April 30, 2019, the Defendant and the lessee of the instant case entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, stipulating that the lease deposit for the instant real estate shall be KRW 30,000,000, and that the monthly rent shall be KRW 2,80,000 as the monthly rent shall be KRW 2,80,000, and the details of brokerage remuneration among them shall be as follows.

§ 7. [Mediation Remuneration] No practicing licensed real estate agent shall be liable for the nonperformance of this contract by a lessor or lessee.

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

In the case of a joint brokerage, the lessor and the lessee shall pay the brokerage remuneration to the practicing licensed real estate agent he/she requests the brokerage.

The lessee of this case terminated the instant lease agreement around May 2019.

E. The Defendant paid the above H KRW 500,000 to the brokerage commission for the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 6 and 10 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is that the lessor and the lessee request brokerage in the case of "joint brokerage" under Article 7 of the lease agreement of this case.