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1. The Defendant amounting to KRW 18 million to the Plaintiff and the Plaintiff’s annual rate of 5% from July 7, 2017 to June 26, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a licensed real estate agent who independently runs the real estate brokerage business under the trade name of E Licensed Real Estate Agent Office on May 18, 2015, under the name of director in D (hereinafter “D”) that is a company substantially operated by C, and is working for 7 to 8 years.
B. Around that time, the Defendant: (a) entrusted the Plaintiff with the sale of the Gangnam-gu Seoul Metropolitan Government F site and its ground buildings owned by the Defendant (hereinafter “instant real estate”); (b) concluded a sales contract concluded between the Plaintiff and G on December 10, 2016, stipulating that the sales price of the instant real estate was KRW 3.4 billion with respect to the instant real estate, and the remaining payment date on February 6, 2017.
(hereinafter “instant sales contract”). C.
The instant sales contract was conducted as a joint brokerage with D Co., Ltd., a private individual among the buyers, and at the time, the Defendant and the purchaser entered into a sales contract after consultation on specific terms and conditions of sales, such as the purchase price.
The Plaintiff prepared a description of confirmation of the object of brokerage, along with the sales contract, and delivered it with each signature and seal affixed by the Defendant and the buyer corporation G, and the description is indicated as follows: “3,60,000 won” and “the brokerage commission” and “the details of calculation of actual expenses” in the item of “mediation commission,” and “the brokerage commission:3.4 billion won x 0.9%.”
[Grounds for recognition] The witness C’s testimony, Gap’s 1-4, Eul’s 1-2, and the purport of the whole pleadings
2. Determination
A. If a disposition disposition document that is liable for the payment of brokerage commission is duly formed, the court must recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document unless there is any clear and acceptable counter-proof to deny the contents of the disposition document, and the person asserts that there is an explicit or implied agreement different from the contents stated therein.