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(영문) 대구지방법원서부지원 2017.10.24 2016가단59918
부동산 중개보수료 등
Text

1. The defendant shall pay 141,00,000 won to the plaintiff and 30% per annum from July 19, 2016 to the day of full payment.

Reasons

1.The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 32, Eul evidence 1 to 3 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

The Plaintiff is a person operating a real estate brokerage business, and the Defendant is the company that was the owner of the Daegu-gu Seoul Metropolitan Government 1959 square meters and its ground buildings (hereinafter referred to as “instant real estate”).

B. On April 29, 2016, the Plaintiff and the Defendant concluded an exclusive brokerage agreement for the sale of the instant real estate.

The content is that the plaintiff exclusively mediates the sale of the real estate of this case, pays 0.9% of the sales price as brokerage commission at the time of conclusion of the sales contract, and the agreed delay interest rate is 30% per annum.

C. On July 18, 2016, the Defendant concluded a contract to sell the instant real estate in KRW 15,700,000 to the Nonghyup Bank Co., Ltd.

On August 31, 2016, the registration of transfer of ownership in the name of Nonghyup Bank Co., Ltd. was completed.

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff who performed the real estate brokerage business of this case 141,30,000 won (15,700,000,000 won x0.9%) which the plaintiff sought from 141,00,000 won and damages for delay calculated at the rate of 30% per annum from July 19, 2016, the day following the day of the above sales contract to the day of full payment.

B. The defendant asserts as follows.

In other words, if the Plaintiff lacks the capacity to perform brokerage business, and the sale of the instant real estate is not in progress, the Plaintiff introduced to the Defendant SPS Korea Co., Ltd. (hereinafter “SPS Korea”). The Defendant entered into a brokerage contract with SPS Korea and sold the instant real estate through the brokerage of SPS Korea. The Plaintiff did not perform brokerage business of the instant real estate.

According to the statement Nos. 1 and 2 of Eul, the defendant.

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