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(영문) 서울남부지방법원 2019.11.07 2019나53240
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 20, 2018, the Defendant concluded a sales contract with C, a licensed real estate agent, to sell D apartment E at KRW 500,000,00,000, between C and the Plaintiff.

B. The Plaintiff’s confirmation and explanatory note of the object of brokerage signed and sealed by the Defendant at the time of the conclusion of the above sales contract is indicated as KRW 2,00,000 (the calculation details: the above KRW 500,000 x rate 0.4%).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the broker fee of KRW 2,00,000 and delay damages to the plaintiff.

In regard to this, the defendant alleged that the plaintiff suffered damages by the defendant while mediating the above sales contract, and thus the plaintiff's claim is unjustifiable. However, since there is no evidence to acknowledge the defendant's assertion, the defendant's argument is without merit.

Therefore, the defendant is obligated to pay to the plaintiff the above 2,00,000 won and the damages for delay calculated by the rate of 15% per annum from October 6, 2018 to the day of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which is the day following the delivery of the application for the payment order filed by the plaintiff.

3. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.

The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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