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(영문) 울산지방법원 2014.09.05 2014가단8577
부동산중개수수료
Text

1. The Defendant shall pay to the Plaintiff KRW 24,120,000 and the interest rate of KRW 20% per annum from March 11, 2014 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a licensed real estate agent with the office of licensed real estate agent B located in Ulsan-gu, Ulsan-gu.

B. On December 17, 2012, the Defendant entered into a sales contract with the search agency Korea Co., Ltd. (hereinafter “Nonindicted Company”) on the Plaintiff’s brokerage to purchase KRW 5,200,000,000 (hereinafter “instant sales contract”). According to the terms and conditions of the instant sales contract, the Defendant paid KRW 300,000 for down payment to the Nonparty Company as the contractual day and paid KRW 4,90,000 for the remainder by April 1, 2013. In the event that the Plaintiff receives brokerage commission, the Defendant and the Nonparty Company agreed to pay to the Plaintiff 0.56% of the sales price as brokerage commission, and even in case where the instant sales contract becomes null and void or cancelled without the Plaintiff’s intention or negligence, the Defendant and the Nonparty Company agreed to pay the Plaintiff the brokerage commission.

C. The Defendant failed to pay the remainder to the Nonparty Company by April 1, 2013, which is the due date for the payment of the remainder under the instant sales contract, and was unable to pay the remainder by May 7, 2013, notwithstanding the peremptory notice of the Nonparty Company, and the instant sales contract was rescinded by Nonparty Company’s declaration of intent to cancel the contract on May 7, 2013.

The brokerage commission following the conclusion of the instant sales contract is KRW 29,120,000 (=the sales price of KRW 5,200,000,000 x 0.56%). The Defendant paid KRW 5,000,000 among them to the Plaintiff on October 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is liable to pay to the plaintiff the unpaid brokerage commission of KRW 24,120,000 (=29,120,000 - 5,000,000), barring special circumstances.

Therefore, as the Defendant seeks from March 11, 2014, the next day following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks against KRW 24,120,000 to the Plaintiff.

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