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(영문) 수원지방법원 2019.07.11 2018나64979
기타(금전)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 12,960,00 and KRW 4,320,00 among them.

Reasons

1. Basic facts

A. On August 24, 2016, the Defendant: (a) concluded an exclusive brokerage contract (hereinafter “instant exclusive brokerage contract”) with the Plaintiff, the licensed real estate agent; and (b) the Plaintiff and the Defendant concluded the exclusive brokerage contract with respect to the relevant ground factory site C,310 square meters and its ground factory building (hereinafter “instant real estate”). The main contents are as follows.

1. The plaintiff's obligations (1) The plaintiff must notify the defendant in writing of the status of handling brokerage business at least once within two weeks after entering into the contract.

(2) The plaintiff shall disclose information on the object of brokerage in the information network for real estate transactions or daily newspapers under Article 24 of the Licensed Real Estate Agents Act within seven days after the conclusion of the contract, and shall notify the plaintiff in writing without delay when disclosing the object of brokerage.

(3) Pursuant to Article 25 of the Licensed Real Estate Agents Act and Article 21 of the Enforcement Decree of the same Act, the obligation to verify and explain the object of brokerage shall be faithfully fulfilled.

2. In cases where the defendant's rights and obligations fall under any of the following subparagraphs, the defendant shall pay to the plaintiff the amount equivalent to the brokerage remuneration that he/she has to pay as penalty for the penalty to the plaintiff:

However, in the case of subparagraph 3, the expenses (referring to expenses deemed reasonable in light of the social norms) incurred by the plaintiff in the conduct of brokerage shall be paid within the scope of an amount equivalent to 50% of the brokerage remuneration.

1. Where a transaction is made by requesting brokerage to another practicing licensed real estate agent than plaintiff within the term of validity of the exclusive brokerage contract;

2. Where a direct transaction is made between the other party and the party to the transaction after excluding the plaintiff, which comes to his knowledge by introduction within the validity period of the exclusive brokerage contract;

3. Where a defendant trades with another party discovered within the validity period of the exclusive brokerage contract.

3. The term of validity of this Agreement shall be as until March 23, 2017.

4. In a case where a transaction contract is established with respect to the brokerage fee ratio, the defendant shall have 0.9% of the transaction price.

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