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(영문) 부산지방법원 2018.11.16 2018나45299
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From August 20, 2015, the Defendant is a current or former representative of the licensed real estate agent office located in Busan Dong-gu C and D, and the Plaintiff is a brokerage assistant who worked in the said licensed real estate agent office from September 1, 2015.

B. On September 11, 2015, F entered into a real estate sales contract with the content that F sells to G a building on the land of H, Daegu, 379.7 square meters and the above land (hereinafter “instant sales contract”).

C. On September 15, 2015, the Plaintiff received KRW 7,179,974 from the Defendant as a brokerage commission for the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 7, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff and the defendant agreed to pay 37.5% of the brokerage commission to the plaintiff with respect to the contract to which the plaintiff assisted the mediation. The plaintiff assisted the plaintiff to pay 37.5% of the brokerage commission to the plaintiff. Although the defendant is obligated to pay 37.5% of the brokerage commission to be paid by the seller and the buyer of the contract of this case who is the client, the defendant merely paid the brokerage commission to the plaintiff, and did not pay the contract payment for the brokerage commission under the contract to be paid by the buyer. Accordingly, the defendant claimed that the plaintiff is obligated to pay 3,712,50 won of the brokerage commission to the plaintiff, which was paid by the buyer, from 3,712,500 won of the brokerage commission to the plaintiff 3,512 won of the income tax of 3,589,987 won after deducting 122,512 won of the brokerage commission to the plaintiff's 3,512,500 won of the contract of this case.

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