손해배상(기)
1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:
The plaintiff (Counterclaim defendant) is jointly employed.
1. The reasoning for the court's explanation concerning this case is as follows, since the court's explanation of this case is as follows: 17, 18, 20, 4, 8, 9, 17, 5, 15, 6, 5, 11, 16, 17, and 7 "I" of the 3rd judgment of the court of first instance is as K "," and 8th judgment "B" of the 8th judgment is as stated in the part of the 16th judgment of the court of first instance, except for the case to be used as follows. Thus, it shall be cited as it is in accordance with Article 420 of the Civil Procedure Act.
B. The plaintiffs' assertion 1) The brokerage commission of the apartment sales contract of this case was determined through consultation between the plaintiffs and the defendant, but there was no fact that the plaintiffs and the defendant C agreed on the brokerage commission, so the plaintiffs are not obligated to pay the brokerage commission of the sales contract to the defendant C. 2) In the case of the sales contract brokerage commission of the apartment of this case, the parties to the lease contract of this case are K not the plaintiffs, and the plaintiffs and K are not recognized to be identical. Thus, the plaintiffs who are not parties to the lease contract of this case are not parties to the lease contract
C. (1) Determination 1) Of note, Article 32(1) of the Act provides that a licensed real estate agent shall receive a fixed amount of remuneration from a client in connection with a brokerage business, and the Seoul Special Metropolitan City Ordinance on Housing Brokerage Remuneration, etc. (amended by Seoul Special Metropolitan City Ordinance No. 5858, Apr. 14, 2015; hereinafter “Municipal Ordinance”).
Article 2(1) of the Act provides that where the transaction amount is between 60 million and 90 million won, the limit of brokerage commission shall not exceed 9/1,00 of the transaction amount, and in the case of a lease contract between 10 million and 300 million won, the limit of brokerage commission shall not exceed 3/1,00 of the transaction amount, respectively. Article 2(2) of the Ordinance provides that the client and broker shall be the amount determined by the brokerage contract within the limit of the provision. 2) First, the apartment sales contract brokerage commission of the instant case is stipulated