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(영문) 수원지방법원 2017.11.10 2017나67131
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff, who operates a licensed real estate agent’s office, around 2016, entered into the sales contract of this case with the Defendant, where the Plaintiff introduced the buyer to the Defendant for the sale of this case’s sales facility, agreed to receive 2% of the sales price (excluding value-added tax) from the first month following the month in which the sales contract was paid. The Plaintiff introduced the buyer for the sale of this case’s sales facility 16 and 107, thereby allowing the Plaintiff to pay 843,343,925 won (value-added tax 60,61,980 won), 725,450,703 won (value-added tax 52,138,874 won) for the sale of this case’s sales facility to the Defendant, and the fact that the sales contract of this case’s sales contract was concluded with the Plaintiff on Nov. 29, 2016 and the Plaintiff paid the sale price to each of the parties to this case’s 30% of the sales price.

According to the above facts, barring any special circumstance, the defendant shall pay to the plaintiff the sales commission of KRW 32,032,962 [=17,220,102 won = = 782,731,945 won = value-added tax of KRW 843,343,925 + value-added tax of KRW 60,611,980] ¡¿ 2% ¡¿ 14,812,860 won = [673,311,829 [= value-added tax of KRW 725,450,703 – value-added tax of KRW 525,450,70] ¡¿ 2% of the sales commission 】 6,300,000 won [the sum of KRW 3330,000), 38,626, 962 of the sales price] and a copy of the lawsuit from the next day to the next day of the lawsuit requested by the plaintiff to be repaid.

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