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(영문) 서울중앙지방법원 2016.11.29 2016가단35381

중개보수비

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 25,370,000 and the interest rate thereon from April 2, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff of a sales contract is a real estate agent.

On December 2, 2015, the Plaintiff arranged a real estate sales contract that the Defendants purchased real estate listed in the separate sheet for KRW 4.3 billion (hereinafter “instant sales contract”) as a purchaser.

The column of "matters concerning brokerage fees, etc." of the description for confirmation of the object of brokerage attached to the above sales contract shall be as follows:

(11) The amount of brokerage remuneration and actual expenses, and the brokerage remuneration of 38,700,000 won: 4,300,000,000 won x 0.90% actual expenses x 0.90% : The brokerage remuneration may be imposed separately on the rates that the broker and the practicing licensed real estate agent shall agree on the rates prescribed by City/Do municipal ordinances or on the rates that the broker and the practicing licensed real estate agent shall agree on the rates prescribed by City/Do

Actual cost KRW 42,570,000 (including surtax 3,870,000)

B. The payment of the purchase price and the transfer registration procedure have been implemented under the sales contract for the payment of the defendants' brokerage fees.

The Defendants paid 17,200,000 won (=4.3 billion won x 0.4%) calculated by 0.4% of the above purchase price to the Plaintiff as the intermediary fee for the instant sales contract.

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The Defendants signed and sealed the sales contract of this case to which the confirmation description of the object of brokerage was attached. Thus, the Plaintiff and the Plaintiff agree to pay the brokerage fee of KRW 42,570,000 (including value-added tax) which is 0.9% of the sales price.

The Defendants, joint buyers, are jointly and severally liable to pay to the Plaintiff the remainder of brokerage commission fees of KRW 25,370,000 (=42,570,000-17,200,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 2, 2016 to the day of full payment, which is the day following the day of service of a copy of the complaint of this case sought by the Plaintiff.

3. Judgment on the defendants' assertion

A. The defendants.