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(영문) 수원지방법원 2014.08.26 2014가단1894
중개수수료
Text

1. The Defendant’s KRW 16,110,00 for the Plaintiff and KRW 5% per annum from February 22, 2013 to August 26, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent who has registered the establishment of the real estate brokerage office under the name of “D real estate real estate agent office” in Seocho-gu, Busan Metropolitan City.

B. Around January 17, 2013, the Defendant, along with E, F, and G, purchased the building for the neighborhood living facilities of H, I, J, and Seocheon-gu, Kucheon-gu, K-gu, 280.6 square meters and three-story neighborhood living facilities on the ground, KRW 3.28 billion, the remainder of KRW 3.288 billion at the time of the contract, and the remainder of KRW 3.20 million, among which the contract was entered into, the Defendant, E, L, and G, to pay KRW 2.70 million to each of the Defendant on February 21, 2013 (hereinafter “instant sales contract”). At the time of the contract, the Plaintiff entered into the sales contract on behalf of the Defendant, which was entrusted by H to act as a broker of the instant sales contract, and the Defendant entered into the said sale contract on behalf of the Defendant, as well as the said Association, as a joint HJ.

C. The phrase “matters concerning brokerage commission, etc.” of the description of confirmation subject to brokerage attached to the sales contract concerning the instant sales contract is indicated as KRW 32,220,00 (Calculation details: KRW 358,000 x 0.9%). However, the Defendant did not affix the seal to the description of confirmation of the instant object of brokerage, but the Plaintiff and the Defendant agreed that the payment date of brokerage commission will be the remainder payment date.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, 5, Eul evidence 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the plaintiff requested the mediation of the sales contract of this case from the defendant, and the sales contract of this case was mediated, barring any special circumstance, the defendant shall pay to the plaintiff the brokerage commission and damages for delay due to the conclusion of the sales contract of this case.

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