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(영문) 인천지방법원 2016.02.16 2015가단216009
중개보수청구
Text

1. The Defendants each amounting to KRW 6,000,000 to the Plaintiff, respectively, and 5% per annum from May 5, 2015 to February 16, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 8, and 4 and 5-1, 2, 3 and 8, respectively, by integrating the whole purport of the pleadings.

The Plaintiff is a licensed real estate agent who operates a mutual real estate agent office with the trade name of “E real estate” in Nam-gu Incheon Metropolitan City D.

B. On February 18, 2015, the Defendants, upon the Plaintiff’s brokerage, sold Hemoel located in Bupyeong-gu Incheon Metropolitan City at KRW 2,400,000,000. However, the down payment of KRW 200,000,000 on the date of the contract and entered into a sales contract with the payment of KRW 2,200,000 at the same time as the transfer registration of ownership on March 31, 2015 (hereinafter “instant sales contract”). The Defendants received KRW 200,000 on the same day as the down payment from F.

C. However, around March 28, 2015, there was a case in which a juvenile was administered to the above Hel and was exposed to the police, and F, which became aware of, demanded the Defendants to cancel the instant sales contract on the grounds that the aforementioned act becomes subject to business suspension or business closure order. The Defendants returned 200,000 won of the down payment to F on April 3, 2015.

On the other hand, the Incheon Metropolitan City stipulates that brokerage fees for commercial buildings other than housing shall be agreed within the limit of 0.9% of the transaction price, and Article 7 of the sales contract of this case states that the brokerage fees shall be paid by both parties at the same time as this contract is concluded and the brokerage fees shall be paid by both parties to the contract, and the brokerage fees shall be paid even if the contract is invalidated, cancelled, or terminated without

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is jointly and severally liable to pay to the Plaintiff 21,60,000 won for brokerage fees of KRW 0.9% for the transaction amounting to 2,400,000,000 as stipulated in the instant sales contract, and damages for delay.

B. The gist of the Defendants’ assertion is at the time of the brokerage of the instant sales contract.

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