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(영문) 수원지방법원 안산지원 2018.08.30 2017가합10883

기타(금전)

Text

1. The Defendant (Counterclaim Plaintiff) shared KRW 123,433,200 with respect to the Plaintiff (Counterclaim Defendant) and its related amount from November 4, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of “E”.

B. On November 3, 2015, the Defendants concluded a sales contract with the terms that the seller F Co., Ltd. (hereinafter “F”) purchase price of KRW 12,468,00,000 for the members G of Ansan-si (hereinafter “instant land”) and that KRW 1,246,80,000 for the down payment of KRW 11,221,20,200 for the remainder of the contract and the remainder of KRW 11,221,200,00 for each payment on December 29, 2015 (hereinafter “instant sales contract”).

The Defendants paid KRW 1,246,80,000 as down payment to F on the date of conclusion of the instant sales contract.

C. The part of the instant sales contract concerning the payment agreement of brokerage commission is as follows.

§ 8.(Mediation Remuneration) No practicing licensed real estate agent shall be liable for the default of this contract by the seller or the buyer.

In addition, brokerage fees shall be paid by both parties to the contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, cancelled, or terminated without the intention or negligence of the practicing licensed real estate agent.

In the case of a joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent who has requested such brokerage.

(3) Matters concerning brokerage remuneration, etc.: 12,468,00,000 won for brokerage remuneration and actual expenses and the details of calculation calculation: 112,212,00 won for brokerage remuneration and the details of calculation: 12,468,00,000 won x 0.9% for actual expenses (VAT) : VAT: 11,221,200 won for actual expenses : 123,43,200 won for actual expenses / [based on recognition] ; 11,223,43,200 won for mediation remuneration and actual expenses ; the purport of each entry in

2. Determination on the main claim

A. According to the facts of the judgment on the cause of the claim 1, the Plaintiff concluded the instant sales contract and concluded the said contract valid. Therefore, the Defendants are obligated to pay to the Plaintiff the commission for brokerage commission agreed in relation to the instant sales contract and the delay damages therefrom, barring any special circumstance.