중개수수료
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On August 21, 2017, the Defendant entered into a lease agreement with C, a licensed real estate agent, to lease all and part of the fourth and fifth floors of Songpa-gu Seoul, Seoul, for reading purposes (hereinafter “instant lease agreement”). The main contents related to the instant case are as follows.
Article 2 (Period of Contract) (1) This Agreement shall become effective from the date of conclusion of the contract, and the term of lease shall be from September 20, 2017 to September 19, 2019.
Article 3 (Lease Deposit, Rent and Management Expenses) (1) 4th floor: Deposit 60,00,000, rent (monthly) 3,000,000, management expenses (monthly) 500,000,000 Na), part of the fiveth floor: 40,000 deposit, rent (monthly) 1,80,000, management expenses (monthly) 200,000: 10,000 down payment: 10,000,000,000, and balance on August 21, 2017: 90,000,000,000, and rent and management expenses on September 20, 2017.
(1) When a lessee has committed an act falling under any of the following subparagraphs, the lessor may terminate the contract without any peremptory notice:
(1) If a lessee neglects to pay rent, expenses for management and maintenance, and expenses incurred under a contract at least three times.
B. On the other hand, on August 21, 2017, the Defendant and C concluded a separate management fee payment agreement (hereinafter “instant management fee agreement”) by embodying the above management fee of KRW 700,000,00, and the main contents related to the instant case are as follows.
Article 1(including co-owned areas) Management Expenses shall be set at KRW 500,000 (E) and KRW 200,000 (E) of the fifth floor of the fourth floor, and the exclusive electricity charges shall be set at KRW 500,000 for the actual use of measuring instruments, gas, water supply, electricity charges for public use, and cleaning service charges for septic tanks.
(2) Parking and maintenance expenses (3) Maintenance and repair expenses of buildings, and other taxes and public charges necessary for the management of buildings, etc.
C. On September 21, 2017, the Plaintiff totaled KRW 100,000,000, monthly rent and monthly management expenses to the Defendant.