(영문) 수원지방법원 2017.05.12 2016나68144

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(영문) 수원지방법원 2017.05.12 2016나68144

기타(금전)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

A. The Defendant signed and sealed the “licensed Real Estate Agent” column and the “Lessee” column of the above contract and the confirmation description of the object of brokerage.

Article 8 of the instant lease agreement provides that “A licensed real estate agent and a lessor are not liable for the nonperformance of this contract. A brokerage fee shall be paid by both parties to this contract at the same time as this contract is concluded, and a brokerage fee shall be paid even if this contract is null and void, cancelled or terminated without the intention or negligence of a licensed real estate agent for the commencement of the business. In the case of a joint brokerage, the lessor and the lessee shall pay brokerage remuneration to the licensed real estate agent for the commencement of the business requested by them, respectively.”

E. A description verifying the object of the instant lease agreement is printed with the same word “5,672,700 won (including surtax), 50,000,000 won (5,230,000 won) x 0.90%”, “7,425,000 won (including surtax) x 70,000 won of brokerage remuneration,” and “7,425,000,000 won (including surtax) x 0.90%”.

F. On February 10, 2016, the Defendant notified the lessor of the instant lease agreement cancellation on February 12, 2016. The instant lease agreement was rescinded by agreement between the lessor and the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. According to Article 8 of the instant lease agreement, the principal Defendant shall pay brokerage remuneration at the same time as the conclusion of the lease agreement, and the principal Defendant shall be at least KRW 13,097,700 (= KRW 5,672,700), which shall be at least KRW 7,425,00.

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