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(영문) 서울동부지방법원 2019.06.19 2018나30339
중개보수료
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. The plaintiff is a company whose main purpose is real estate brokerage business, etc., and the defendant is a company that manufactures and exports and imports electrical appliances, etc.

B. On August 23, 2017, the Defendant transferred the first floor and the second floor of the building located in Seongdong-gu Seoul Metropolitan Government D (hereinafter “instant building”) from C (hereinafter “C”) by the Plaintiff’s brokerage.

(hereinafter referred to as “instant sublease contract”). C.

At the time, the Defendant agreed to pay to the Plaintiff 2,610,000 won [including 3,610,000 won of deposit for pre-loan + (2,600,000 won of monthly rent + 100,000)] as brokerage commission for the brokerage of concluding the sub-lease contract of this case x 0.9% of brokerage commission and value-added tax].

(hereinafter “instant brokerage contract”). D.

On November 11, 2017, the Plaintiff filed a claim with the Defendant for payment of KRW 1,450,00 [including KRW 30,000,000 + KRW 100,000 + KRW 2.65% of the monthly rent + value added tax] by reducing the rate of brokerage commission stipulated in the instant brokerage contract from 0.9% to 0.5% under the initial agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the allegations by the parties 1) The plaintiff agreed with the defendant as a broker fee of 2.10,000 won (excluding value-added tax) and decided to reduce the brokerage fee of 1.45 million won on the condition that the defendant promptly repays it, but the above reduction was invalidated due to the non-performance of the above conditions by the defendant's failure to pay it. Even if this is not so, the reduction of the defendant's obligation to the defendant is different from the donation, and the plaintiff withdraws the expression of intent of the above donation. Thus, the defendant must pay the brokerage fee of 2.61 million won and the value-added tax and damages for delay as stipulated in the mediation contract of this case. 2) The plaintiff's assertion that the defendant made a sublease contract

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