(영문) 춘천지방법원 2016.06.24 2015나6429 | 리걸엔진

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(영문) 춘천지방법원 2016.06.24 2015나6429

수수료반환

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1.8 million on April 17, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent operating the C Licensed Real Estate Agent Office.

B. Around March 2014, the Defendant made an oral agreement with the Plaintiff to work as a broker assistant at the C Licensed Real Estate Agent Office. A brokerage commission was allocated to the Plaintiff and the Defendant in the event that both the buyer and the seller are sold by entering the office. In the event that the Plaintiff and the seller are sold by entering one of the buyer and the seller, the Plaintiff and the Defendant agreed to allocate the commission to 5:5.

C. On February 4, 2015, the C Licensed Real Estate Agent Office arranged a sales contract for the land of Chuncheon City between D and E (hereinafter “instant sales contract”). The seller, his agent, was directly found in the C Licensed Real Estate Agent Office, and the buyer was found at the end of physical color by the Defendant’s advertising in the Chuncheon Intersection newspaper.

On the other hand, the Defendant paid KRW 2.7 million to the Plaintiff out of KRW 9 million, which was paid as the brokerage commission of the instant sales contract.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 or 2, and the purport of the whole pleadings

2. The parties' assertion that the plaintiff is obligated to pay 1.8 million won (=9 million won x 50% - 2.7 million won) unpaid brokerage commission to the plaintiff since the plaintiff entered the sales contract of this case and the distribution agreement of brokerage commission 5:5 million won is applied.

Since both the seller and the buyer of the sales contract of this case are subject to the agreement on the distribution of brokerage commission fee of 3:7,000 won, the defendant asserts that there is no additional money to be paid to the plaintiff in addition to the amount of 2.7 million won (=9 million won x 30%) paid to the plaintiff.

3. The key issue of the instant case is whether the seller has entered the part of the sales contract of the instant case, and the allocation criteria applicable thereto vary.

However, the plaintiff's representative G is a C Licensed Real Estate Agent.

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