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(영문) 서울중앙지방법원 2015.06.16 2014나42447
수수료
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

On June 20, 2013, the Plaintiff, as a licensed real estate agent, arranged the following lease agreements between the lessor C and the Defendant regarding officetels No. 503 of Gangnam-gu Seoul Metropolitan Government (hereinafter the instant officetel).

Lease deposit: 10 million won, monthly rent: 1.2 million won: Terms and conditions from June 17, 2013 to June 16, 2014: The payment of brokerage fee to be paid before maturity shall be the lessee, and the Defendant terminated the lease contract before maturity and removed from the instant officetel.

Accordingly, on February 9, 2014, the lessor leased the instant officetel at Eco Marketing Co., Ltd. as the broker of the Plaintiff at KRW 10 million, monthly rent of KRW 1.2 million.

Pursuant to Article 32(3) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act and Article 20(4) of the Enforcement Rule of the same Act, the lease brokerage commission with respect to the instant officetel which is an object of brokerage other than a house shall be KRW 1,170,000 [the monthly rent of KRW 1.2 million x 1.00 lease deposit x 0.09], and the value-added tax shall be KRW 1,287,000 if it exceeds value-added tax of KRW 117,00.

C On June 24, 2014, on the same day, on the part of the Plaintiff, transferred the claim for the refund of brokerage commission to the Defendant, and notified the Defendant of the transfer of the above claim.

[Grounds for recognition] The facts that there is no dispute, Gap evidence Nos. 1 through 8, and the purport of the entire pleadings are the fact that the defendant leaves the instant officetel before the expiration of the lease term. Thus, in accordance with the special terms and conditions set forth in the lease contract, the defendant leaves the office of the plaintiff, the transferee of the claim, at the rate of 1,287,00 won, and 5% per annum as stipulated in the Civil Act, from June 25, 2014 to July 17, 2014, which is the date the assignment of claim is notified, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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