용역비
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination as to the cause of claim
A. The Plaintiff, a licensed real estate agent for the Plaintiff’s assertion, was requested by the Defendant to sell a factory site of 708 square meters and a factory building of 282 square meters (hereinafter “instant real estate”). On June 13, 2015, the Plaintiff arranged a sales contract to sell the instant real estate for KRW 433,000,000 (hereinafter “instant first sales contract”). At the time, the Plaintiff, a licensed real estate agent for the Plaintiff’s assertion, demanded the change of the name of the contract and made a new sales contract, but the Defendant requested the change of the name of the contract, thereby the Defendant had the same year.
6. On 23. 23. A sales contract was concluded through other licensed real estate agents than the Plaintiff (hereinafter “instant secondary sales contract”).
The plaintiff completed the intermediary act by mediating the conclusion of the first sale contract of this case, and even if not, the defendant who concluded the second sale contract of this case with the exclusion of the plaintiff is obligated to pay to the plaintiff 3,897,000 won (=43,000,000 x 0.9%) and to pay to the plaintiff 20% per annum from the day following the day of delivery of the copy of the complaint of this case until September 30, 2015 and 15% per annum from the day after the day of complete payment.
B. The relevant statutory real estate brokerage contract is a delegation contract whereby a real estate broker mediates the transaction, etc. of an object of brokerage at the client’s request.
In addition, in cases where a mandatary is paid a remuneration, he/she is unable to claim the remuneration unless he/she completes delegated affairs (Article 686(2) of the Civil Act). The Licensed Real Estate Agent Act provides that a licensed real estate agent shall prepare and deliver a contract document to the parties to a transaction, as well as prepare and deliver a confirmation and explanatory note on the object of brokerage at the time of the completion of brokerage, and shall also issue a certificate, etc. of guaranteeing liability for damages. Thus, the licensed real estate agent shall provide the object