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(영문) 서울중앙지방법원 2021.02.25 2019가단5309842
중개수수료
Text

The defendant's KRW 79,750,000 to the plaintiff and its related KRW 6% per annum from July 13, 2019 to February 25, 2021.

Reasons

1. Basic facts

A. The Plaintiff is a company established on October 20, 201 for the purpose of real estate brokerage, real estate lease, and management agency business.

B. On March 7, 2019, the Defendant concluded a sales contract with the Incheon Metropolitan City Strengthening-gun, Seoul Jung-gu, and C, and D, each of the land and the 6-story hotel of concrete structure near the steel structure (hereinafter “instant real estate”) for the sale of KRW 14,50,000,000 (hereinafter “instant sales contract”).

The seller at the end of the instant sales contract and the buyer’s column are as follows, and the Plaintiff’s name is indicated therein.

(c)

On July 12, 2019, the Defendant received the full payment from the Incheon Metropolitan City Reinforcement-gun.

(d)

The strengthening Gun of Incheon Metropolitan City paid to the Plaintiff KRW 87,00,000, which is 0.6% of the transaction amount as a brokerage fee for the instant sales contract (additional tax separate).

【Fact-finding without dispute over recognition, Gap's entries in Gap's evidence Nos. 1, 2 and 9, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion (1) The Plaintiff completed the brokerage of the instant sales contract at the request of the Defendant, and paid all the sales price. As such, the Defendant is obligated to pay 143,550,000 won (including value added taxes) equivalent to 0.9% of the sales price.

(2) The Defendant did not receive a brokerage commission from the Incheon Metropolitan City Strengthening-gun and did not receive a brokerage commission from the Defendant. Thus, the Defendant did not have the duty to pay the brokerage commission to the Plaintiff.

B. (1) In addition to the above acknowledged facts, Gap evidence No. 3, and witness E’s testimony, the plaintiff may be acknowledged as acting as an intermediary for the instant sales contract at the request of the defendant for brokerage.

(2) Article 32(1) of the Authorized Brokerage Act provides that an authorized broker shall receive the fixed amount of remuneration for brokerage services from the clients.

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