logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2015.08.20 2015가단42341
기타(금전)
Text

1. The Defendant: (a) KRW 24,300,000 for the Plaintiff and 5% per annum from February 10, 2015 to August 20, 2015.

Reasons

1. Facts of recognition;

A. On July 28, 2014, the Plaintiff entered into a sales contract of KRW 1,040,000 with the Defendant’s broker for Pyeongtaek-si and two other parties, and paid KRW 100,000,000 to the Plaintiff via the Defendant for the sales contract for Pyeongtaek-si and two other parties.

B. On August 9, 2014, the Plaintiff paid KRW 10,000,00 to the Defendant as a brokerage commission for the said sales contract.

C. When the Plaintiff was finally unable to purchase the said real estate, the Plaintiff terminated the said sales contract with B and 2, and if the said land is not sold by November 20, 2014, the Plaintiff agreed to cancel the said sales contract with B and 2, excluding KRW 30,000 from KRW 100,000 to KRW 30,000,000 paid to the Plaintiff by the seller, and subsequently refunded KRW 60,70,000 to the Plaintiff. Accordingly, the Plaintiff was paid KRW 60,700,000 from the two other parties.

On September 4, 2014, the Plaintiff paid KRW 10,000,00 to the Defendant, who mediated the purchase and sale of land outside Pyeongtaek-si E, and KRW 10,000,00 for the said land, but did not enter into a sales contract due to the lack of consultation with the landowner.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) as the sales contract for the land of Pyeongtaek-si C and D was terminated by agreement, the seller’s inner brokerage commission was deducted from the sales contract that is returned from the seller’s side to the Plaintiff. As such, the Defendant is obligated to pay the said amount, and the Defendant paid the said amount.

In addition, the above sales contract was terminated and the plaintiff paid 10,000,000 won to the defendant was returned to the defendant.

Therefore, the total of KRW 19,300,000 is sought.

(2) The Plaintiff paid KRW 10,00,000 to the Defendant as advance payment for the purchase and sale of the said land.

arrow