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1. As to the Plaintiff’s KRW 66,200,00 and KRW 16,200,00 among them, the Defendants respectively shall be from May 16, 2013 to May 21, 2015.
Reasons
1. Basic facts
A. A. Around May 15, 2013, the Defendants purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from D. The Defendants agreed to acquire KRW 3,543,503,613 in total as to the instant real estate and the secured debt, and entered the sales price in KRW 3,600,000 in a sales contract.
B. The Plaintiff is a licensed real estate agent who arranged the instant sales contract, and agreed to receive KRW 32,400,000,000, which is equivalent to the above KRW 3,600,000 as a brokerage commission, from the Defendants.
C. The Defendants currently share 1/2 shares of the instant real estate.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 7-1 to 3, the purport of the whole pleadings
2. The above facts of recognition as to the claim for brokerage commission are based on the above facts of recognition, and the defendants are obligated to pay the above contract brokerage commission and its delay damages to the plaintiff.
However, the Plaintiff asserts that the Defendants should jointly pay brokerage fees for the instant sales contract, but the obligation to pay brokerage fees owed by the joint purchaser of real estate to the broker shall be regarded as the installment liability pursuant to Article 408 of the Civil Act, unless otherwise agreed by the parties.
Therefore, the Defendants are obligated to pay to the Plaintiff the amount of KRW 16,200,00 each as commission of contract (i.e., KRW 32,400,000 x 1/2 x 1/2) and to pay damages for delay calculated by the rate of 5% per annum under the Civil Act from May 16, 2013 to May 21, 2015, which is the date following the day when the instant sales contract was rendered by the Defendants.
The plaintiff's claim for this part is reasonable within the scope of the above recognition.
3. Determination on the claim for the amount of money transferred (the main claim)
A. The plaintiff asserted by the parties, as to this case, D.