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(영문) 수원지방법원 2016.07.07 2015나45632
중개수수료청구
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent who was engaged in real estate brokerage business under the trade name "C real estate brokerage office" in Pyeongtaek-si B, and the Defendant Company is a corporation established for the purpose of housing rental business, etc.

B. On February 27, 2013, the Plaintiff: (a) arranged a contract to sell KRW 1,400 square meters in Pyeongtaek-si D Miscellaneous land owned by the Defendant (hereinafter “instant land”); (b) received KRW 42,350,000 from the Defendant for brokerage commission on the same day.

[Ground of recognition] The fact that there is no dispute, Gap No. 2, Eul No. 1 and 2 (including the number of branches), the purport of the whole pleadings

2. Determination

A. Judgment 1 on the claim on the principal claim 1) The Plaintiff via F, Pyeongtaek-si G (hereinafter “H site”) to the Defendant.

(2) The defendant asserts that since the above F is not paid 67,05,650 won ( = 75,600,000 - 8,534,350 - 350 won) excluding 8,534,350 won which he/she had received before entering into a direct contract with the defendant, without excluding the plaintiff as an intra-company director of the defendant company, as the above F has been employed as a broker, the defendant must pay the above amount to the plaintiff. (2) According to Articles 22, 25, 26, and 32 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, the broker shall make a brokerage contract with the client and deliver a document explaining the fact that the broker has verified the object of brokerage, and prepare a transaction contract with the amount of transaction, etc., such transaction contract with the client, the broker shall be entitled to acquisition, loss, and lease fees between the clients.

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