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(영문) 인천지방법원 2017.12.13 2017나5631
중개수수료
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Comprehensively taking account of the respective descriptions and the purport of Gap evidence Nos. 1 through 4, it is recognized that on November 1, 2016, the plaintiff mediated an apartment charter contract with the defendants on the Yeonsu-gu Incheon, Incheon, E apartment No. 104 and 2401 (hereinafter "the apartment of this case") owned by the defendants, and agreed to receive 2,112,00 won as brokerage commission (including value-added tax) from the defendants.

Therefore, the Defendants are obligated to pay the remainder of brokerage commission of KRW 1,152,00,00, except for the remainder of KRW 960,000 that the Plaintiff was paid to each of the Plaintiff, and to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 29, 2016 to the date of completion of the service of the original copy of the instant payment order, which the Plaintiff sought, after the date of conclusion of the instant apartment lease contract.

As to this, the Defendants asserted that the commission fee was erroneously notified to the Plaintiff at a fixed rate, and that the commission fee was agreed as determined by the Plaintiff. The Defendants asserted that the commission fee was revoked because there was an error in motive in concluding the commission fee.

However, the evidence submitted by the Defendants alone is insufficient to recognize that there was a mistake as to whether the commission fee was fixed at the time of the agreement with the Defendants, and there is no other evidence to prove this otherwise. Therefore, this part of

[In light of the above, the phrase "matters concerning brokerage fees, etc. Ⅲ." among the phrase "a confirmation statement (Evidence 3) of the object of brokerage" is printed with the same letter stating that "the brokerage fees shall conform to the rate prescribed by City/Do municipal ordinance or shall be determined by the rate that the client and the individual licensed real estate agent shall consult with each other within the rate prescribed by City/Do municipal ordinance, and the value-added tax may be imposed separately, and it can only be recognized that the defendants confirmed such matters and signed and sealed by the defendants. The defendants shall also be the object of brokerage.

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