중개보수청구의 소
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. Basic facts
A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the trade name of “A Licensed Real Estate Agent Office”.
B. As the Plaintiff’s brokerage on December 29, 2016, the Defendant concluded a lease contract with the purport that the Defendant shall rent the instant apartment owned by C in KRW 650,000 from February 15, 2017 to February 14, 2019, and the down payment of KRW 65,000,000 on the date of the contract, and the remainder amount of KRW 585,00,000 on the date of the contract, and the remainder of KRW 585,00,00 on February 15, 2017.
(hereinafter “instant lease contract”). C.
The Plaintiff prepared a confirmation and explanatory note of the object of brokerage at the time of the conclusion of the instant lease contract, and signed and sealed by the Defendant. The matters concerning the brokerage remuneration, etc. in Article 3 of the said explanatory note are stated as follows: “5,200,000,000 won for brokerage remuneration and actual expenses, and 5,720,000 won for brokerage remuneration” (including value-added tax) and “the details of calculation” in the column.
The defendant is currently residing in the apartment of this case after receiving the apartment of this case from C in accordance with the lease contract of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion made an agreement with the Defendant to pay KRW 5,720,00 (including value-added tax) as an intermediary fee as stated in the confirmation and explanatory note of the object of brokerage issued at the time of entering into the instant lease agreement.
Therefore, the defendant is obligated to pay to the plaintiff 5,720,000 won for brokerage fees and damages for delay.
B. The defendant's assertion that the contract of the lease of this case was concluded, and the defendant did not explicitly agree on the payment of brokerage commission to the plaintiff.
Even if there was an agreement between the Plaintiff and the Defendant on the payment of brokerage fees.
Even if the plaintiff did not make any effort in addition to the preparation of the contract for the conclusion of the lease contract of this case.