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(영문) 수원지방법원 2017.11.16 2017나59536
중개수수료
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly and severally provide the Plaintiff with KRW 2,516,591 and the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent operating the E Licensed Real Estate Agent Office in Young-gu, Young-gu, Young-si D.

B. On March 11, 2016, with respect to the Plaintiff’s brokerage, the Defendants leased (hereinafter “the instant lease”) KRW 50,000,000, monthly rent of KRW 4,800,000, and the lease period from April 11, 2016 to April 11, 2018, to F Co., Ltd. (hereinafter “F”) with respect to HA building 801 and 802 on the land of Yeongdeungpo-gu G (hereinafter “instant real property”).

At the time of the instant lease agreement, the Defendants agreed to pay a brokerage commission to the Plaintiff (hereinafter “instant brokerage commission agreement”).

C. After the formation of the instant lease agreement, the Plaintiff erroneously entered the lot number indication of the real estate in the instant lease agreement into “G”, and recovered the instant lease agreement from the Defendants, and the Defendants and the lessee JF representative drafted a lease agreement again.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 through 3, Eul evidence 1-1 and 10, fact-finding inquiry reply to K of the first instance court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendants agreed that the instant brokerage commission was KRW 4,770,00 ( monthly rent 4,800,000 x 50,000 x 0.09 x 0.09 x value-added tax 47,000 x KRW 477,000)/1,00 of the transaction amount between the Plaintiff and the Defendants.

The first brokerage fee agreement forms and the revised brokerage fee forms in the lease agreement forms were written in 5,247,000 won including value-added tax, and the defendants signed and sealed all of them.

Nevertheless, since the defendants did not pay the above brokerage commission, they seek 5,247,000 won and damages for delay.

B. First, the Defendants’ assertion that the item of the brokerage fee of the instant lease agreement is vacant.

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