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(영문) 수원지방법원 2016.01.21 2015나4907
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. According to the above facts of determination as to the cause of the claim, the defendant sent to the plaintiff a certificate of content that the plaintiff claims the payment of brokerage commission for the total amount of KRW 27,00,000 and value-added tax of KRW 2,700,000 and KRW 27,00,000 among them, and after January 23, 2014, on the day following the delivery date of the copy of the complaint of this case (the plaintiff filed a claim for late payment from September 26, 2013, which is the day following the conclusion date of the sales contract, (the plaintiff filed a claim for late payment from September 26, 2013), but since the obligation to pay brokerage commission is a debt without a fixed deadline, the payment date of brokerage commission under Article 27-2 of the Enforcement Decree of the Licensed Real Estate Agents Act (the payment date of brokerage commission shall be the day when the transaction price of the object is completed, unless there is an agreement between the practicing real estate agent and the client.

() The instant sales contract was newly established on July 28, 2014, which was established after the conclusion of the instant sales contract, and entered into force as of July 29, 2014, and is not applicable to the instant sales contract. The damages for delay shall accrue from the date following the Defendant’s receipt of the Defendant’s request for performance. However, in the instant case where only the Defendant appealed, the damages for delay shall be calculated from the day following the date on which the copy of the complaint was served.), 2,700,00 won shall be the day after the date following the delivery of the request for purport of claim and modification of the cause of claim as of October 27, 2014, which is the following day after the delivery of the request for modification of the cause of claim, from October 30, 2014 to the date of the instant judgment, and from the next day to the date of full payment, the damages for delay shall be paid at each rate of 5% per annum as prescribed by the Civil Act until January 21, 2016.

3. The judgment of the defendant on the defendant's assertion is 3.1 billion won that the defendant concludes a contract for the sale of a factory.

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