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(영문) 광주지방법원 2019.05.31 2017가단22983

중개보수료

Text

1. The Defendant shall pay 70,000 won to the Plaintiff and 15% per annum from August 18, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 1, 2017, the Plaintiff, a licensed real estate agent, arranged jointly with the F Licensed Real Estate AgentF a contract to purchase KRW 5.5 billion (the contract amount of KRW 300 million and the balance of KRW 5.2 billion on March 31, 2018) on the condition that a corporation succeeding to a new establishment of the Plaintiff, Seo-gu, Gwangju-gu, Inc., Ltd. (hereinafter, “C”) and one other, the Plaintiff, a licensed real estate agent, would have purchased the purchase price of KRW 5.5 billion (hereinafter, “the contract amount of KRW 300 million”) on condition that he/she succeeds to the said building.

B. In addition, on March 8, 2017, the Plaintiff arranged a contract to purchase KRW 1.7 billion (the contract amounting to KRW 170 million in the amount of intermediate payment, KRW 170 million in the intermediate payment, and KRW 1.36 million in the remainder on March 31, 2017) on the land (hereinafter referred to as the instant two sales contract) other than the Seo-gu, Seo-gu, Seo-gu, Seoul, and one other, the Plaintiff owned by the Defendant, as well as the Plaintiff, for purchase of KRW 53 square meters in the land (hereinafter referred to as “instant two sales contract”).

C. According to Article 7 of the sales contract of this case 1 and 2, "the practicing licensed real estate agent is not liable for the default of this contract by the seller or the buyer. In addition, brokerage fees shall be paid by both parties to this contract at the same time as this contract is concluded, and brokerage fees shall be paid even if this contract is invalidated, revoked, or terminated without any intention or negligence by the practicing licensed real estate agent. In the case of joint brokerage, the seller and the buyer shall pay brokerage fees to the practicing licensed real estate agent who requested the brokerage respectively." According to Article 8 of the sales contract of this case, "if the seller or the buyer commissions any business other than this contract, the remuneration shall be paid separately from brokerage fees, and the amount shall be determined by agreement."

In addition, the statement of the brokerage fee calculation for the confirmation and explanatory note of the object of brokerage concerning the 1 and 2 real estate in this case is written in an amount obtained by multiplying 0.9% of each purchase price by the amount included in value-added tax as a brokerage fee.

The seller Co., Ltd.