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(영문) 부산지방법원 2020.01.31 2019나46978
중개수수료
Text

1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.

(2).

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of “D Real Estate Brokerage Office” in Jung-gu, Busan.

B. On August 27, 2017, the Defendant concluded a sales contract with the Plaintiff to succeed to the lease deposit amount of KRW 180 million (hereinafter “instant sales contract”) on August 27, 2017 with respect to the building of approximately 171.9 square meters in Seo-gu, Busan and the five-story thereof (hereinafter “instant real estate”). The down payment of KRW 100 million on August 27, 2017, which is the date of the contract, and the intermediate payment of KRW 300 million on September 11, 2017, and the remainder of KRW 1 billion on October 30, 2017.

C. On November 14, 2017, the Defendant sent to E a content-certified mail to the effect that the instant sales contract will be rescinded due to the refusal to receive the balance of E and the nonperformance of the obligation to transfer ownership, which reaches E at that time, and the said contract was rescinded.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 to 4, 7, 8, 10, 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the party’s assertion 1) The Plaintiff mediated the instant sales contract, and the Defendant agreed to pay the Plaintiff a brokerage commission of KRW 15,840,00 (including value-added tax) to the Plaintiff. Therefore, the Defendant is liable to pay the Plaintiff a brokerage commission of KRW 15,840,00 and delay damages therefrom. (2) The Defendant did not request the Plaintiff to mediate the instant sales contract. The instant sales contract consists of joint intermediaries, and the Defendant was a broker, and the instant sales contract consists of joint intermediaries, and the Plaintiff provided the cause for the rescission of the instant sales contract, and thus, the Plaintiff cannot comply with the Plaintiff’

B. 1) According to the evidence duly admitted prior to the occurrence of the obligation to pay brokerage commission, the Plaintiff, as a licensed real estate agent at the time of the instant sales contract, signed and sealed each of the sales contract and the confirmation statement of the object of brokerage respectively (the instant case).

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