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(영문) 의정부지방법원 2016.01.15 2015나10210
중개수수료
Text

1. Of the judgment of the first instance court, KRW 1,700,000 against the Plaintiff and its related thereto, from February 3, 2015 to August 24, 2015.

Reasons

1. Basic facts

A. On August 5, 2014, the Defendant: (a) entrusted the Plaintiff, a licensed real estate agent, with a sales brokerage for C apartment 302 and 106, the Defendant concluded a sales contract for KRW 185 million between D and D under the Plaintiff’s brokerage.

(hereinafter the above brokerage is referred to as "first brokerage", and the above sale and purchase are referred to as "first sale". B.

In addition, on August 6, 2014, the Defendant requested the Plaintiff to purchase the apartment and concluded a sales contract of KRW 198 million with respect to the purchase price of c apartment 307 Dong 403, Jung-si, the Plaintiff’s brokerage, between E and E.

(hereinafter the above brokerage is referred to as "second brokerage" and the above trading is referred to as "second sale".

Since the second sales contract was terminated by mutual agreement between the seller and the buyer, on August 21, 2014, the defendant again requested the plaintiff to purchase the apartment and concluded a sales contract between F and F with respect to the purchase price of KRW 196 million with the Government-si C Apartment 307, 303, 300,000,000.

(hereinafter the above brokerage is deemed to be "third brokerage" and "third sale", and the total sum of the brokerages Nos. 1, 2, and 3 is "each of the instant brokerage", "1, 2, and 3 sale", and "each of the instant sales".

At the time of each of the instant brokerage contracts and sales contracts, the Plaintiff and the Defendant agreed to the effect that “the brokerage commission shall be paid by both the seller and the buyer at the same time as the principal contract is concluded, and the brokerage commission shall be paid even if the principal contract is invalidated, cancelled, or terminated due to the circumstances of the seller or the buyer without any intention or negligence by the licensed real estate agent.” On the other hand, the amount of the brokerage commission shall be equivalent to 0.5% of the purchase price, and the maximum

E. Meanwhile, on October 14, 2014, the Defendant paid KRW 700,000 to the Plaintiff as part of the brokerage commission under each of the instant brokerage contracts.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including a provisional number), and pleadings.

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