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(영문) 대전지방법원 2015.06.26 2014나17723

중개수수료

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 5,000,000 and its interest on October 3, 2014.

Reasons

1. On July 24, 2014, the Defendant entered into a lease agreement with the two real estate agents (hereinafter “instant lease agreement”). The Defendant, at the time of the instant lease agreement with the two real estate agents, arranged the conclusion of the instant lease agreement with the Plaintiff under the title of 9,450,000 won (including KRW 9,400,000, KRW 1000, KRW 10,000, KRW 10,000, KRW 10,000, and KRW 10,000 from August 1, 2014 to January 30, 2015 (hereinafter “instant lease”). The Defendant, at the time of the instant lease agreement with the two real estate agents, has concluded a lease agreement with the two real estate agents, including KRW 199-28, and KRW 1430,00, KRW 1000, KRW 3000, KRW 1000, KRW 300,000, respectively, respectively.

According to the above facts, the defendant is obligated to pay 9,450,000 won and damages for delay to the plaintiff pursuant to the above agreement, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. As to the assertion that the Defendant agreed to pay the brokerage commission to the Plaintiff, at the time of concluding the instant lease agreement, the Defendant agreed to pay the brokerage commission to the Plaintiff at the time of the conclusion of the instant lease agreement. However, after the expiration of the lease term under the instant lease agreement, the Defendant agreed to pay the brokerage commission for the relevant sales agreement to the Plaintiff in the event that the two sides purchase of real estate, which is the object of lease, from the Defendant. Since the said sales contract was not concluded, the Defendant did not have any obligation to pay the brokerage commission to the Plaintiff. However, there is no evidence to acknowledge the fact of the said agreement