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(영문) 부산지방법원 2020.01.22 2019나49601

기타(금전)

Text

1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.

(2).

Reasons

1. Basic facts: (a) The Plaintiff is a licensed real estate agent conducting real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” in the Seo-gu Busan Metropolitan City C Apartment and D.

② On March 23, 2018, the Defendant sold F the H building I for KRW 400 million on the second floor, 2nd floor, G, Busan, and the second floor, G, and 2nd floor.

(hereinafter “instant sales contract”). [Grounds for recognition] Gap 1, 3, and 1, 2, and the purport of the entire pleadings

2. The parties' assertion

A. The summary of the argument 1) The plaintiff mediated the sales contract of this case, and the defendant agreed to pay 3.6 million won to the plaintiff. Therefore, the defendant is obligated to pay 3.6 million won and delay damages to the plaintiff. 2) The defendant did not request the plaintiff to mediate the sales contract of this case.

B. Determination 1) According to each of the evidence Nos. 2, 2, 1, and 2 as to whether the obligation to pay the brokerage commission arises or not, the plaintiff as a licensed real estate agent at the time of the contract of this case signed and sealed respectively on the sales contract and the confirmation manual of the object of brokerage respectively; ② the defendant also signed and sealed on the above sales contract and the confirmation manual of the object of brokerage; ③ In the column for the description of the confirmation description of the object of brokerage, etc., "3.6 million won of brokerage commission, calculation statement 400,000 won x 0.90% of brokerage commission x 0.90% of brokerage commission x brokerage fee 0.90% of brokerage commission, and value-added tax may be imposed separately after consultation between the client and the practicing real estate agent within the limit of 9/1,000 of the transaction amount. In full view of the above recognition, it is reasonable to deem that the plaintiff arranged the sales contract of this case at the request of the defendant, and the defendant paid 3.6 million won to the plaintiff.