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(영문) 부산지방법원서부지원 2017.12.22 2017가단1828

약정금

Text

1. The Defendant’s KRW 10,362,00 for the Plaintiff and 5% per annum from May 2, 2017 to December 22, 2017.

Reasons

1. Basic facts

A. The Defendant shared 1/2 shares of the first floor E (hereinafter “instant building”) of the building D in Busan-gun, Busan-gun, with her husband, and leased the instant building to F, a pharmacist, by April 14, 2017.

B. Around November 2016, the above term of lease expires, and the Defendant, as a real estate broker, entrusted the Plaintiff with the brokerage of the lease of a hospital, pharmacy, and entrusted the Plaintiff with the brokerage of the lease of the instant building to another pharmacist.

(hereinafter “instant brokerage commission”). C.

The terms and conditions required by the Defendant in entrusting the instant brokerage to the Plaintiff were that at least KRW 20 million, monthly rent of KRW 15 million, premium of KRW 650 million, and premium of KRW 650 million. D.

Accordingly, even though the Plaintiff has colored a pharmacist that meets the conditions, the Plaintiff did not appear to have accepted the conditions of KRW 20 million for rental deposit and KRW 15 million for monthly rent, the Plaintiff did not appear to have accepted the premium of KRW 600 million or more.

Accordingly, the plaintiff introduced 2-3 persons who accept the security deposit amount of KRW 20 million, monthly rent of KRW 15 billion, and premium of KRW 600 million to the defendant, but the defendant refused to enter into a lease contract on the ground that the amount of premium does not coincide.

E. While the Plaintiff was unable to color a person subject to the above conditions, the Defendant also discovered the subject of the instant consignment through his or her or 3 licensed real estate agents, but did not complete the advertisement but notified the Plaintiff of the termination of the instant consignment, around March 2017.

F. On March 31, 2017, the Plaintiff notified of such termination, filed a claim with the Defendant for KRW 10,553,200 with the expenses incurred during the period, but the Defendant asserted that the amount was excessive and paid KRW 1,638,00 to the Plaintiff on April 17, 2017 by account transfer.

G. At present, the instant building is currently in the state of removal and official seal of the former lessee F, and F.