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(영문) 서울남부지방법원 2016.12.15 2016나5615

약정금

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. The defendant entered into a sales contract to sell 101 Dong 1501 720,000,000 won to C through the mediation of the plaintiff, a licensed real estate agent, on February 25, 2015. The defendant entered into a sales contract to sell D apartment 101 Dong 1501 720,000 won. The defendant's signature and seal attached to the above sales contract (Evidence A 4) carries out a confirmation statement of the object of brokerage (Evidence A 4,320,000 won, calculation statement :720,000,000 won x 0.6% x

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the above agreed brokerage commission of KRW 4,320,000.

(B) The defendant is not obligated to pay 4,320,000 won to the plaintiff at the time of entering into the sales contract of this case. However, the defendant is obligated to pay 2,320,000 won with brokerage commission. However, as seen earlier, as long as the confirmation description of the above object bearing the defendant's signature and seal stated 4,320,00 won as brokerage commission, it shall be deemed that the defendant agreed to pay 4,320,000 won to the plaintiff, as requested by the plaintiff, and as requested by the plaintiff, 4,320,00 won and damages for delay calculated at the rate of 15% per annum of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 16, 2015 to the day of full payment. The judgment of the court of first instance is justifiable and justifiable, and thus the defendant's appeal is dismissed.