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(영문) 광주지방법원 2016.04.22 2015가단48929
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The facts under the recognition do not conflict between the Parties.

On September 25, 2015, the Defendant entered into a contract to sell in KRW 4,095,00 the land, D land, and the above-mentioned land-based buildings to B, and the Plaintiff entered into the said contract as a licensed real estate agent.

B. On October 13, 2015, the Defendant paid KRW 5,000,000 to the Plaintiff as a brokerage commission for the said sales contract.

2. The plaintiff's assertion and judgment

A. The gist of the claim is that the Defendant is obliged to pay to the Plaintiff the amount of KRW 36,85,000 (the sale price of KRW 4,095,00,000 x 9/1,000) as the brokerage commission for the above sale contract, and that the Defendant paid KRW 5,00,000 among them, and thus, the remainder of KRW 31,85,000 and damages for delay are liable to pay the remainder of KRW 31,85,00.

(4) Matters necessary for the remuneration for the brokerage of a house (including land annexed thereto; hereafter the same shall apply in this paragraph) and the limit of actual expenses under paragraph (2), etc. under paragraph (2) shall be prescribed by municipal ordinance of the Special Metropolitan City, a Metropolitan City, a Do or a Special Self-Governing Province (hereinafter referred to as “City/Do”) within the extent prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the remuneration for the brokerage of objects other than a house shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Article 20 (Limits, etc. on Brokerage Remuneration and Actual Expenses) (1) of the Enforcement Rule of the Licensed Real Estate Agents Act (1) The remuneration for housing brokerage pursuant to Article 32 (4) of the Act shall be paid by both clients, respectively. The limit that one party may receive shall be within 9/1,00 of the transaction amount in cases of sale and exchange, and within 8/1,00 of the transaction amount in cases of lease, etc.

claim the amount of money equivalent to the fixed limit of the brokerage commission.

However, there is no agreement on the brokerage commission.

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