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(영문) 대구지방법원 2019.08.16 2019가단101844

약정금

Text

1. The Defendant’s KRW 4,500,000 as well as 15% per annum from March 27, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. The plaintiff alleged that C and the defendant entered into a sales contract for the real estate listed in the annexed Table 1 as the broker of the plaintiff, and the defendant should pay 59.4 million won to the plaintiff as the intermediary fee. However, the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the claim for this part shall not be accepted.

2. According to each description of Gap evidence 1-2 and evidence 2-1 of the judgment on the claim for brokerage fees for the sales contract of real estate listed in the attached list No. 2, the defendant entered into a sales contract with C on April 17, 2018 with regard to the real estate listed in the attached list No. 2, and the plaintiff entered into the sales contract with C on April 17, 2018, stating that "0.9% of the sales price (excluding value added tax)" is stated in the brokerage fee column for the object of brokerage, and that the plaintiff puts the defendant's signature and seal in the column for the purchaser at that bottom.

Therefore, barring special circumstances, the defendant shall pay to the plaintiff 4,950,00 won (=(50 million won x 0.9) x 1.1) as brokerage commission, and as requested by the plaintiff, 15% per annum from March 27, 2019 to May 31, 2019, which is the day following the delivery of a copy of the complaint of this case, to the day following the delivery of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as there is no ground. It is so decided as per Disposition.