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(영문) 서울북부지방법원 2015.11.24 2014나7566
부동산중개수수료
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. Basic facts

A. On May 27, 2014, the Plaintiff, a licensed real estate agent, arranged a contract for the transfer or acquisition of rights (hereinafter “instant transfer or acquisition contract”) with the contractual party to the contract regarding the facilities, equipment, etc. of the trade name “E” located in Seongbuk-gu Seoul Metropolitan Government D apartment shop No. 233 (35.6m2) and 234m2 (35.6m2) (hereinafter “instant store”). Article 5 of the instant transfer or acquisition contract provides that “A broker shall not be liable for nonperformance between the contractual parties.” In addition, upon entering into this contract, the transferee shall pay 0.9% of the acquisition price, the transferor shall pay 0.9% of the transfer price, and the service fee shall be paid even after the cancellation of this contract due to the reasons between the contractual parties without the intention or negligence of the broker: Provided, That this contract shall not be paid where the contract is rescinded due to the matters of the lease contract between the owner and the assignee.”

B. On May 28, 2014, the Defendant entered into a lease agreement with F, the owner of the instant store, with respect to which KRW 60 million is KRW 60 million and KRW 2 million is monthly rent (hereinafter “instant lease agreement”). Article 8 of the said lease agreement provides that “a brokerage commission shall be paid by both parties to the instant contract at the same time as the principal contract is entered into, and the brokerage commission shall be paid by both parties to the relevant contract at the same time as the broker’s intention or negligence.”

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

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned is accompanied by the defendant's commission of 2,484,00 won [16 million won for premiums + 60 million won for leases + 0.9% (2 million won for monthly rent x 100 million)] x 0.9% for the plaintiff who arranged the transfer contract and the lease contract in this case.

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