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(영문) 수원지방법원 2017.06.01 2016가단534060
기타(금전)
Text

1. Defendants B and C jointly and severally with the Plaintiff KRW 50,094,00 and Defendant C with respect thereto from July 17, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent who runs the “A Licensed Real Estate Agent Office” located in Ha in Masung-si.

B. On May 12, 2014, the Defendants: (a) purchased the purchase price of KRW 5,060,000 for the amount of KRW 298 square meters, KRW 11,616 square meters, and KRW 10,413 square meters, prior to J in Sung-si; and (b) concluded a sales contract with the intent to pay the remainder of KRW 4.76 billion to November 12, 2014 (hereinafter “instant sales contract”); and (c) Defendant B, as the terms and conditions of the instant sales contract, determined Defendant B as the purchaser’s representative as the terms and conditions of the instant sales contract.

At the time, the Plaintiff was entrusted with the brokerage of the instant sales contract by Defendant B and C, and jointly mediated the instant sales contract with M (Nreal estate) who was entrusted with the brokerage of the said sales contract by I.

C. The phrase “matters concerning brokerage commission, etc.” of the description of confirmation of the object of the instant sales contract is indicated as KRW 45,540,000 (Calculation Details: KRW 5,060,00,000 x 0.9% of value-added tax). However, among the Defendants, Defendant B affixed a seal on the description of confirmation of the object of the instant sales contract.

On May 12, 2014, Defendant E paid 22,50,000 won to I, Defendant D paid 45,000,000 won to Defendant G, Defendant F’s KRW 22,50,000,000 to Defendant G, Defendant F paid 30,500,000 won to Defendant B, and Defendant C paid 53,000,000 won respectively.

[Ground of recognition] Defendant B, next car parts, D, E, F, and G: The absence of dispute, Gap evidence Nos. 1, 2, and 3-1, 2, and 4, and the purport of the whole pleadings, Defendant C: Confession (Article 150 of the Civil Procedure Act)

2. Determination as to claims against Defendant B and C

A. According to the above facts of determination as to the cause of the claim, the plaintiff was commissioned by the defendant B and C to intermediate the instant sales contract, and thus, the defendant B and C shall jointly and severally serve as the plaintiff 50,094,000 won of the contract brokerage commission due to the conclusion of the instant sales contract (including value-added tax) and this.

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