중개수수료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Defendant requested the Plaintiff, a licensed real estate agent, to sell the Category D (hereinafter “instant real estate”), and sold the instant real estate in KRW 388 million to E on December 18, 2017 by the Plaintiff’s brokerage.
(hereinafter “instant trade”). (b)
The confirmation and explanatory note of the object of brokerage attached to the sales contract of this case states that the brokerage remuneration to be paid by the defendant to the plaintiff is KRW 1,552,00,000,000,000, and the value-added tax is KRW 46,560,00,000,000,000,000,000,000,000,000,000
C. On February 20, 2018, the Defendant paid KRW 500,000 to the Plaintiff out of brokerage fees.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 4-1, Gap evidence 4-2, the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the defendant is liable to pay the plaintiff the unpaid brokerage fee of KRW 1,098,560 ($1,552,000 + value-added tax of KRW 46,560 + the amount of KRW 500,00) and damages for delay.
B. As to this, the Defendant asserts that since the Plaintiff agreed on the brokerage fee, 0.4% of the purchase price shall not be paid with the brokerage fee.
According to the evidence evidence Nos. 1 and 2, it is recognized that the Plaintiff and the Defendant agreed that “if 0.4% or more of the statutory fees are met with respect to brokerage fees in the department of the viewing and viewing of pakju, the agreement shall be 0.4%, and if not, the agreement shall be reached.”
In the case of trade in Gyeonggi-do, if the transaction amount is between 200 million won and 600 million won, the upper limit of the brokerage fee is 0.4%, and the brokerage fee is determined by mutual consultation between the client and the broker within the upper limit of the commission, but only 500,000 won, which is part of the financial expenses not normally borne by the Plaintiff, a licensed real estate agent, as seen below.