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(영문) 서울중앙지방법원 2016.07.22 2016나15302
중개보수지불
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

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

B. Upon the Defendant’s brokerage request, the Plaintiff arranged the lease contract on the Seoul Gangnam-gu D apartment 101 Dong 1301 (hereinafter “instant building”), and as a result, on May 18, 2015, the lease contract was concluded between E and the Defendant regarding the instant building.

(hereinafter “instant lease agreement”). Of the “contributing description of the object of brokerage, etc.” attached to the previous lease agreement, the “contributing description of the object of brokerage, etc.” stated “contributing the brokerage remuneration: 11,440,000 won (including value added tax 1,040,000 won), details of calculation: 1,300,000 won x 0.80%” and the Plaintiff stated “contributing” as “contributing the said description.”

C. On June 16, 2015, the remainder payment date under the instant lease agreement, the Plaintiff sent a text message to the Defendant, stating that “The brokerage remuneration is KRW 0.5 pro 7150,000,000,000,000 to the Defendant.”

On June 18, 2015, the Plaintiff sent to the Defendant a certificate of content that “ soon after obtaining the certification of the substance of this case, the Plaintiff paid 1,440,000 won to the Defendant,” and on June 26, 2015, the Defendant paid KRW 4 million to the Plaintiff as a brokerage commission.

E. On June 29, 2015, the Plaintiff sent to the Defendant, “The brokerage remuneration agreed upon at the time of the contract was KRW 7,150,000 (including KRW 6,50,000), which is 0.5%, and the Defendant unilaterally sent KRW 4,00,000 on June 26, 2015. It would pay KRW 3,150,000,000 excluding KRW 4,000,000,000,000,000,000,000,000,000,000,000,000,000). If the Defendant did not pay the brokerage remuneration for the contract, the Plaintiff shall be deemed to have been reversed, and the Defendant shall claim KRW 0.8% ( KRW 11,440,00,00) specified in the confirmation statement.”

[Ground of recognition] without any dispute, Gap Nos. 1 through 5, 2.

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