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(영문) 서울중앙지방법원 2019.11.11 2018가단5187670
중개수수료
Text

1. The Defendant’s KRW 79,750,00 for the Plaintiff and KRW 6% per annum from May 9, 2018 to September 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at real estate brokerage business.

B. Around May 3, 2018, the Plaintiff introduced to the Defendant’s wife C, who had d, black water adequate for the purchase of the building, the land and the building on each of the land and the ground (hereinafter “instant real estate”). On May 8, 2018, the Defendant, as the Plaintiff’s intermediary, prepared a real estate sales contract (hereinafter “instant sales contract”) with the purport that the Defendant, C, and F would purchase the instant real estate from G Co., Ltd. with the purchase price of KRW 14.5 billion, and signed and sealed the said contract, and the Defendant paid KRW 100 million, a part of the down payment, to G Co., Ltd. on that spot.

(Contract Amount of KRW 1.45 million out of the contract amount of KRW 1.5 million is paid on the date of the contract, and the remaining KRW 1.355 million on the date of the contract. (C)

At the time of the preparation of the sales contract of this case, the plaintiff and the seller intermediary company deliver to the defendant a confirmation and explanatory note of the object of brokerage, and the defendant signed and sealed the above explanatory note, and the above explanatory note contains a statement "0.9% of the transaction amount of brokerage remuneration" in the "matters concerning brokerage remuneration, etc.", and at the bottom, the parties to a transaction shall hear confirmation and explanation about the object of brokerage from the practicing licensed real estate agent pursuant to Article 25 (3) of the Licensed Real Estate Agents Act and Article 21 of the Enforcement Decree of the same Act, and shall receive the confirmation and explanatory note prepared and issued by the practicing licensed real estate agent."

The Defendant prepared a letter of commitment to pay 0.5% of the brokerage commission and refundable VAT immediately after signing and sealing the instant sales contract (hereinafter “instant letter of commitment”), and delivered it to the Plaintiff.

E. However, after the conclusion of the instant sales contract, the Defendant terminated the instant sales contract with G Co., Ltd. on May 15, 2018, and the Defendant already paid to the said company.

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