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(영문) 수원지방법원성남지원 2016.08.12 2015가단22174

중개수수료

Text

1. Defendant B’s 47,700,000 won and the interest rate of 15% per annum from July 21, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 11, 2013, Defendant Peduc Co., Ltd. (hereinafter “Defendant Peduc”) concluded a sales agency agreement with the Defendant Defendant Peduc Co., Ltd. (hereinafter “Peduc”) on a 21% of sales commission as the owner and interest holder of the building C in Sungnam-si, Sungnam-si, and entered into a sales agency agreement with Nonparty D on a sales commission for the sales agency with Nonparty D. 15% of sales commission.

B. Defendant B entered into a contract with D with 9% of the sales commission for the sales agency business, and operated 1 team, 2 team, and 3 team in the position of the chief of the headquarters, and entered into a contract with the team leader and employees (1 to 4) in each team.

(Foreign E shall serve as the team leader of two teams from July 14, 2014 to August 8, 2014).

The team leader and employees of the defendant B and each team agreed that the head of the above 9% of the sales commission shall be 1% in case of the defendant B, the team leader shall be 2% in case of the employees of the team, and the employees shall distribute the remaining 6% in case of the introduction of the real estate broker other than the above team. The agreement was reached to allocate 3% in case of the introduction of the real estate broker other than the above team, and 3% in case of the employee.

E, according to the above agreement and agreement, around July 2014, the Plaintiff, a licensed real estate agent, remains unsold in lots. In response to the applicant for sale, E agreed to pay 3% of the sales price when the sales contract was concluded. On August 8, 2014, after E reached its maturity, Defendant B dealt with the following business affairs concerning the sales contract of this case, including the relationship with the Plaintiff.

E. On August 8, 2014, the Plaintiff’s introduction, thereby entering into a sales contract (hereinafter “instant sales contract”) on KRW 1,589,99,000 for the sales price for Nonparty F and the said C building 139 (hereinafter “instant commercial building”) (excluding value-added tax, KRW 335,846,00 for the payment at the time of the contract, and the remainder payment date).