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(영문) 서울서부지방법원 2016.09.23 2016나30450
중개 보수금 청구의 소
Text

1. The plaintiff's appeal and the defendants' appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff is a practicing licensed real estate agent who registered the establishment of the trade name “D Licensed Real Estate Agent Office”.

B. The Plaintiff, upon the request of the Defendants, arranged a sales contract for “Seoul Yongsan-gu, 105, 104, and six parcels,” and as a result, on March 10, 2015, the Defendants concluded a sales contract for selling the said apartment with the purchase price of KRW 780,00,000.

(hereinafter “The instant primary sales contract”). Of the description of confirmation of the object of brokerage, etc. attached to the instant primary sales contract, the “matters concerning brokerage remuneration, etc.” stated as “contributing remuneration: 5,148,00 won (including surtax)” and stated as follows: “Calculation details: 780,000 won x 0.60% x 0.60% x 0.60%” in the instant primary sales contract.

C. In addition, on March 16, 2015, the Plaintiff and the Defendants purchased the “Seoul Yongsan-gu I apartment 204 Dong 1303, 1303” as a joint brokerage of the “G Licensed Real Estate Agent Office” H at the purchase price of KRW 1 billion.

(hereinafter “instant secondary sales contract”). Of the “specifications for confirmation of the object of brokerage, etc.” attached to the instant secondary sales contract, the “matters concerning brokerage remuneration, etc.” stated “matters concerning brokerage remuneration, etc.: 9,720,00 won (Additional No.); details of calculation: 1.00,000 won x 0.80% x 0.80%.” However, the “afterward consultation” is stated next to the instant secondary sales contract.

Defendant B: 2015

7. 2. The Plaintiff paid KRW 5 million as an intermediary fee to the Plaintiff.

[Ground of recognition] The entry of Gap evidence Nos. 1-1-3 and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that although each of the instant sales contracts was concluded due to the plaintiff's act of brokerage, the defendants paid only KRW 5 million out of the agreed brokerage commission of KRW 14,965,200, the defendants sought payment of the remainder of the contract brokerage commission of KRW 9,965,200.

The Defendants shall complete the brokerage commission at the time of each of the instant sales contracts.

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