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(영문) 서울중앙지방법원 2019.10.16 2019나4693
손해배상(기)
Text

1. Of the judgment of the court of first instance, as to KRW 3,436,650 among the Plaintiff and KRW 3,166,650 among the Plaintiff, the lower court’s judgment on January 2, 2018.

Reasons

1. Basic facts

A. On August 30, 2016, the Plaintiff leased the Gangnam-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) for the period from September 15, 2016 to September 15, 2018, the deposit amount of KRW 250,000,000, the rent of KRW 3,100,000, and the rent of KRW 15th day of each month to Nonparty C.

(hereinafter “instant lease agreement”). B.

The Defendant, in Gangnam-gu Seoul, as a licensed real estate agent who runs the real estate brokerage business in the name of Gangnam-gu, arranged the instant lease contract. However, even though the Plaintiff demanded the lessee to pay the rent in arrears for at least five days from the deposit date, the Defendant stated that the special agreement on the late payment charge of the lease agreement is only 1% of the rent, even though the Plaintiff demanded to pay the rent in addition to the late payment charge of the lease agreement.

C. From October 15, 2016, C delayed payment of the rent, but C would have the Plaintiff bear the fee and burden the intermediary fee. Accordingly, C terminated the instant lease agreement and terminated it on July 31, 2017, and terminated the instant lease agreement, and C would have to bear the intermediary fee of KRW 2,240,000 (2,464,000 at the time of issuing cash receipts), and C decided to settle the rent, etc. in a lump sum, including the overdue charge, from the deposit.

On the other hand, on October 21, 2017, the Plaintiff leased the instant apartment to Nonparty H on December 30, 2017, setting the deposit of KRW 1.1 billion, the remainder payment, and the delivery date of the object.

(hereinafter referred to as “related lease agreement”). (e)

A related lease agreement between the Plaintiff and H was also arranged by the Defendant. In the above lease agreement, both parties pay brokerage commission at the same time as this agreement is concluded. The broker’s intention or negligence to pay brokerage commission even if this agreement is invalidated, cancelled, or cancelled without the broker’s intention or negligence, and the brokerage commission is indicated as KRW 9,680,000 (including additional dues) in terms of the circumstances of brokerage commission, etc. of the statement confirming the object of brokerage.

F. However, H is an apartment of this case.

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