부동산중개수수료
1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 6, 2018 to June 4, 2019.
1. Facts of recognition;
A. On May 16, 2018, the Plaintiff, a licensed real estate agent, entered into an exclusive brokerage contract with C (hereinafter “Nonindicted Company”) on the sale of the land for a factory of 3,049 square meters and the 3,650.68 square meters of the above ground (hereinafter collectively referred to as “instant factory”) in order to pay 0.4% of the transaction amount as brokerage commission if the sales contract for the instant factory was established.
B. On June 5, 2018, the Plaintiff arranged a sales contract for the instant factory, and entered into a sales contract for KRW 7.748 billion between the non-party company and the Defendant (hereinafter “instant sales contract”). The instant sales contract provides that “the broker remuneration shall be paid by both parties to the instant contract at the same time as this contract was entered into (Article 7).”
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 7, witness E and F's testimony, purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the instant sales contract for the instant plant between Nonparty Company and the Defendant was arranged and arranged by the Plaintiff, and the Defendant is obligated to pay the Plaintiff KRW 54,200,000,000, total of KRW 59,620,000, which is equivalent to 0.7% of the sales price, and value-added tax for the amount of KRW 59,620,00,000.
B. 1) According to the above facts, the defendant, who is the purchaser of the instant plant, is obligated to pay the brokerage commission agreed upon at the time of the instant sales contract to the plaintiff as the broker and broker for the conclusion of the instant sales contract.
B. In regard to this, the Defendant agreed that G, the husband of the Plaintiff, would not receive a brokerage commission from the Defendant, and thus, the Plaintiff cannot accept the Plaintiff’s request. Therefore, comprehensively taking account of the following: (a) the Plaintiff’s partial statement of the evidence Nos. 1, 2, and 3; and (b) the purport of the entire pleadings as to the witness E and F’s testimony.