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(영문) 수원지방법원 2020.12.09 2020나52320
손해배상(기)
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The plaintiff's assertion and judgment on this issue

A. The Plaintiff asserted that: (a) around December 2015, the Plaintiff requested the Plaintiff, a licensed real estate agent, to trade the Plaintiff forest G 13,884 square meters (hereinafter “the instant forest”) with the introduction of F; (b) on January 19, 2016, the Plaintiff concluded a sales contract with H to sell the instant forest as KRW 100 million (hereinafter “instant sales contract”); and (c) around that time, the Plaintiff paid KRW 13,000,000 to the Deceased under the pretext of the brokerage commission related to the conclusion of the instant sales contract.

However, the upper limit of the statutory brokerage commission of the instant sales contract is KRW 900,000, and thus, the portion exceeding the above KRW 900,100,000 out of the above brokerage commission that the deceased received from the Plaintiff constitutes tort that exceeds the statutory brokerage commission.

Therefore, the Defendants, who inherited the deceased’s damage liability, are liable to pay the Plaintiff the damages amounting to KRW 5,185,714, Defendant C, and Defendant D, and E, respectively, KRW 3,457,142, and the damages for delay.

B. According to the respective statements and the overall purport of the arguments and arguments set forth in subparagraphs 1 through 4 and subparagraph 1 (including the number of each branch number), the Plaintiff requested the Deceased to trade the forest of this case upon introduction of F around December 2015. The Deceased, upon acting on behalf of the Plaintiff, performed the procedures for a new funeral of the three seedlings in the forest of this case, conducted the sale and purchase of the forest of this case as to the forest of this case on January 19, 2016. The sales contract of this case was concluded with respect to the forest of this case; the Deceased paid the Plaintiff the remainder after deducting KRW 13,00,000 from the purchase price of the forest of this case under the title of brokerage commission and consulting for the forest of this case; and on May 3, 2016, the Deceased paid the remainder to the Plaintiff after deducting KRW 13,00,000 from the purchase price of the forest of this case as to the conclusion of the sales contract of this case.

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