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1. The Defendant’s KRW 68,894,00 for the Plaintiff and 5% per annum from January 15, 2014 to April 27, 2016.
Reasons
1. Basic facts
A. On September 14, 2012, the Plaintiff, as a real estate licensed real estate agent, as well as the Defendant, mediated the sale and purchase of the land for factory 5,129.3 square meters (hereinafter “instant real estate”) owned by Daeyang-gu Busan, Seoyang-gu, Busan (hereinafter “Tyang-gu”) and the Plaintiff.
(hereinafter “instant brokerage contract”). B.
On September 14, 2012, the Defendant purchased the instant real estate from Taeyang in KRW 8,766,00,000, according to the Plaintiff’s brokerage.
C. On April 15, 2013, the Defendant paid KRW 10,000,000 to the Plaintiff as the commission for the instant brokerage contract.
[Ground of recognition] A without dispute, Gap evidence 1-1, Gap evidence 1-2 (the confirmation note of the object of brokerage, the defendant's assertion that the above document was forged, but there is no evidence to acknowledge it), Gap evidence 2, Eul evidence 1-2, Eul evidence 1-2, and the purport of the whole pleadings
2. The assertion and judgment
A. Claim 1) The Plaintiff and the Defendant agreed to pay the Plaintiff KRW 78,894,00,000 (=8,766,000,000 x 0.9%) of the purchase price of the instant real estate as brokerage commission. Of that, the Plaintiff paid only KRW 10,00,000 among them, the Plaintiff and the Defendant are obligated to pay KRW 68,894,000 as brokerage commission. 2) The Defendant and the Defendant agreed to pay KRW 10,000 as brokerage commission of the instant real estate, and the Defendant paid all of them in accordance with the agreement.
B. Determination 1) In full view of each of the following facts and circumstances acknowledged in Gap evidence Nos. 4 through 6 (including each number), Gap evidence Nos. 8, Eul evidence Nos. 3-4 through 13, and Eul evidence Nos. 3-27, it is determined that the plaintiff and the defendant agree to pay 78,894,000 won (including 8,76,000,000 won) of the sales value of the real estate of this case 0.9% of the sales value of the real estate of this case as stated in Gap evidence Nos. 1-2, "matters concerning brokerage commission, etc." / 0.9% of the sales commission.
① The instant real estate is located.