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(영문) 서울중앙지방법원 2017.11.29 2016가단5271243
중개수수료
Text

1. The Defendant shall pay KRW 28,710,00 to the Plaintiff the annual rate of KRW 15% from February 11, 2017 to the date of complete payment.

Reasons

1. According to the reasoning of Gap's evidence Nos. 1, 2, 3, and 4, Gap evidence Nos. 5 and 6 (including each number), Eul evidence Nos. 9, and Eul evidence Nos. 9, the defendant purchased the above sales contract at the time of the mediation of non-party D, which was an employee of the E Licensed Real Estate Agent's Office operated by the plaintiff (However, the above D was not an assistant registered with the above Licensed Real Estate Agent's Office at the time of the mediation of the above sales contract, and the plaintiff was subject to a disposition of business suspension from the competent authority). The above sales contract states that "the brokerage remuneration shall be paid 0.9% of the transaction price," and that "the brokerage remuneration shall be 2,8710,000 won including value-added tax, and the late payment damages shall be 190,000 won, and the defendant shall sign and seal the complaint No. 2017,700,000 won to the defendant, barring any special circumstances.

2. The defendant's assertion did not conclude an agreement between the plaintiff and the defendant to pay 0.9% of the brokerage commission stated in the sales contract, etc. of this case as automatically stated at the time of preparation of the sales contract. D is not an employee of the plaintiff, and D (in the sales contract of this case, the plaintiff in this case) takes the defendant into account as F Licensed Real Estate Agent Office (the broker in the seller in this case) and did not actually act as a broker in concluding the sales contract. Thus, the plaintiff's assertion is unjust.

According to the descriptions of evidence Nos. 1, 2, and 3, this case is examined.

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