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(영문) 인천지방법원 2018.05.16 2017가단32687

중개수수료

Text

1. The Defendants jointly share KRW 15,840,00 with respect to the Plaintiff and KRW 5% per annum from February 8, 2018 to May 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a licensed real estate agent business under the trade name of “E Licensed Real Estate Agent Office,” and the Defendants are co-owners of Yeonsu-gu Incheon Metropolitan Government G Hospital (hereinafter “instant real estate”).

B. On May 8, 2017, the Defendants concluded a lease agreement with the lessee H on a deposit of KRW 500,000,000, monthly rent of KRW 35,000,000, and the period from August 30, 2017 to August 29, 2027 (hereinafter “instant lease agreement”).

C. The Plaintiff signed and sealed the instant lease agreement as a broker, and on matters concerning brokerage remuneration, etc. of a letter of confirmation of the object of brokerage attached to the said lease agreement, the Plaintiff stated “39,600,000 won (including value-added tax), details of calculation: 36,00,000 won + (50,0000 won in lease deposit + monthly rent of KRW 35,000,000 x 100 x 100) x 0.09 (mediation fee rate).”

A new lessee of the instant real estate was introduced through the G Hospital Head I and the Department Head K of the J Hospital.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5 (including virtual number), Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendants, a lessor, are obligated to pay legal brokerage fees to the Plaintiff, as the Plaintiff acted as a broker of the instant lease agreement.

B. The gist of the Defendants’ assertion cannot be deemed to have arranged the instant lease agreement, and the Defendants agreed not to pay a brokerage fee to the Plaintiff.

3. Determination

A. In preparing the instant lease agreement, the Plaintiff signed and sealed the contract as a broker in the form of a practicing licensed real estate agent who signed and sealed it as a broker in the contract, as seen above, other persons play a leading role in selecting a new lessee.

Even if the plaintiff acted as a broker, the written contract is prepared.