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(영문) 대전지방법원 2015.02.11 2014가단216352
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,403,00 and the interest rate of KRW 20% per annum from July 24, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking into account the purport of Gap evidence No. 1 of the judgment as to the cause of the claim, the plaintiff was requested by the defendant to sell the land for factory in Daejeon-gu Daejeon-gu and two above ground factories. On June 19, 2014, the plaintiff prepared a sales contract with the defendant and a third party to sell each of the above real estate in KRW 2,970,00,000, and the above sales contract contains items of brokerage commission under Article 7, and it is recognized that "the brokerage commission shall be 0.9% of the transaction price." Further, the above sales contract provides that "The brokerage commission shall be 0.9% of the transaction price." The above evidence is acknowledged as follows. As to the delivery date of real estate Article 2 other than the above brokerage commission, the plaintiff undergoes an agreement that "the delivery date of the above real estate shall be 3 days on July 30, 2014," and the plaintiff under consideration the contents of the contract as to the delivery date of the above additional article No. 8-140% as of the contract.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 26,730,00 as brokerage commission (=2,970,000,000 x 0.9%) and the amount of KRW 29,403,00 as well as the amount of KRW 29,403,00 as well as damages for delay calculated at the rate of 20% per annum from July 24, 2014 to the date of full payment of the instant complaint.

2. The defendant's argument regarding the defendant is that "0.9%" as stated in the sales contract is the same word, and there is no agreement with the plaintiff, and there is no explanation from the plaintiff about the brokerage commission. Thus, the brokerage commission agreement as stated in the sales contract is stipulated.

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