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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition 1) The Defendant is the Plaintiff, a licensed real estate agent, and the store Nos. 4204-2 and 204-3 (hereinafter “instant real estate”) located in Daegu Northern-gu, 204-2 and each of the stores (hereinafter “instant real estate”).
(2) On June 4, 2014, the Defendant: (a) concluded a contract with the Plaintiff’s broker to designate and lease the instant real estate as KRW 50,00 (5 million shall be paid on the date of the contract, and the remainder of KRW 45 million shall be paid on July 28, 2014) from July 28, 2014 to July 27, 2024; (b) the monthly rent of KRW 2750,00 (including value-added tax) (hereinafter “instant lease contract”); and (c) at the time the Defendant entered into a contract with the Plaintiff on June 4, 2014, the amount of brokerage commission determined by Article 32(1) and (3) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act; (c) the remainder of KRW 45 million from July 28, 2014 to July 27, 204 to the Plaintiff (hereinafter “the instant lease contract”). At the time, the Defendant is KRW 27 million (2.5 million).
The agreement to pay was made.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 1, 2014, which is the date the instant judgment was rendered until July 16, 2015, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the day on which the instant judgment was rendered, to the Plaintiff, with the exception of 1.8 million won which the Plaintiff was paid by the Defendant, among the commission fees of 2.7 million won for the brokerage of the instant lease contract, and after the above brokerage was completed, to the Plaintiff.
The plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from August 1, 2014.