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(영문) 서울동부지방법원 2018.05.25 2017가단6789
용역비
Text

1. The Defendant’s KRW 12,00,000 as well as 6% per annum from March 21, 2017 to May 25, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent operating the C Licensed Real Estate Agent Office.

B. On January 25, 2017, the Defendant entered into a contract with the Plaintiff to exchange six heading rooms among the D-based officetels (hereinafter “Defendant’s real estate”) with the Defendant’s real estate on the condition that the Defendant would exchange the land and buildings located in the Heung-gu Seoul Special Metropolitan City F (hereinafter “G building”) owned by the E with the E as the Plaintiff’s broker, under the condition that the Defendant would pay the difference of the exchange value of KRW 350,000,000,000.

(hereinafter “instant exchange contract”). C.

On the day of concluding the instant exchange contract, the Defendant paid KRW 100,000,000 to E as the down payment, and the remainder KRW 250,000,000 was determined to be paid on February 28, 2017.

The instant exchange contract provides that “The actual condition of facilities is exchanged, and both the Defendant and E are contracts after the on-site return. There is no loan to the Defendant’s real estate, and the deposit and present loan of the G Building shall be succeeded as they are,” as stipulated in the instant exchange contract.

Article 6 of the exchange contract of this case provides that "licensed real estate agents shall not be liable for any default on obligations between the parties to the contract" and Article 7 provides that "a brokerage commission shall be paid by both parties to the contract at the same time as this exchange contract is concluded," and the description of confirmation of the object of the exchange contract of this case states that "36,000,000 won for brokerage remuneration (specific calculation 40,000,000 x 0.9%) and that "39,60,000 won for brokerage remuneration (including surtax)" are stated.

E. However, after the conclusion of the instant exchange contract, E requested the Plaintiff, the broker of the Defendant, to cancel the instant exchange contract, and the Plaintiff asserted the repayment of the down payment, and requested the Defendant, who is the party to the contract, to cancel the contract directly.

On February 17, 2017 and the 18th day of the same month, the defendant returned 100,000 won of the down payment that the defendant paid from E in response to the request for cancellation of the contract.

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