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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 fact of recognition is that the Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of "E" in Seocho-gu, Seoyang-gu, Busan Metropolitan City.
On April 24, 2015, the Defendant entered into a lease agreement with F and each real estate listed in the separate sheet (hereinafter “instant gas station”) as the Plaintiff’s broker, setting the lease deposit amount of KRW 170,000,000, monthly rent of KRW 9,000,000, and the lease term of KRW 10,000,00 from May 11, 2015 to May 10, 2017 (hereinafter “instant lease agreement”).
Article 3.2 of the Constitution provides that "The details of the sales commission: 5,350,00 won and the details of the calculation: 9,000,000 monthly rent 170,000,000 x 10.9% x 0.9%" of the confirmation and explanatory note of the object of brokerage attached to the instant lease agreement, and the seal of the defendant is affixed on the side on which the name of the defendant is written in the column of the said confirmation and explanatory statement."
2. In light of the above facts of recognition as to the cause of the claim, the witness G of the first instance court, who is the former lessee, bears the obligation to pay to the Plaintiff 5,350,000 won and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from August 21, 2015 to September 30, 2015, which is the following day after the delivery date of the instant payment order, and from the next day to the day of full payment, the damages for delay calculated at the rate of 5% per annum as stipulated in the same Act, as well as the amount from the next day to the day of full payment.
(Provided, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed from October 1, 2015 to 15% per annum, and thus, the plaintiff's claim exceeding the above recognition scope is without merit). 3. Judgment on the defendant's claim;
A. Exemption from fees or negligence of the Plaintiff.