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(영문) 수원지방법원안양지원 2020.11.06 2019가단125650
중개보수 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 15,00,000 and its amount from August 22, 2019.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is a licensed real estate agent who runs real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” in Ansan-gu, Ansan-si.

B. On August 21, 2019, the Defendants entered into a contract with F to purchase each real estate listed in the separate sheet (hereinafter “instant building”) with F as the Plaintiff’s intermediary (hereinafter “instant sales contract”), and the current rental deposit (350 million won) out of the sale price under a special contract is deducted from the balance, and the present lease contract is succeeded to by the Defendants. The Defendants agreed to succeed to the status of the current type of business, and confirmed the lease contract and the sales report certificate and stipulated the contract.

C. At the time of entering into the instant sales contract, the Plaintiff prepared a confirmation and explanatory note of the object of brokerage (hereinafter “verification and explanatory note of object of brokerage”) and signed and sealed by the Defendant B. The said explanatory note states that the Plaintiff’s brokerage remuneration is KRW 34,155,00 (=31,050,000 (=3450,000 won x 0.9%).

Meanwhile, Article 7 of the instant sales contract provides that “A practicing licensed real estate agent is not liable for a seller or buyer’s nonperformance of this contract. In addition, a brokerage fee shall be paid by both parties to the contract at the same time as this contract is concluded, and a brokerage fee shall be paid even if this contract is invalidated, revoked, or terminated without any intention or negligence by the practicing licensed real estate agent.”

E. The Defendants paid F a down payment of KRW 100 million on August 21, 2019, and the intermediate payment of KRW 500 million on August 30, 2019, respectively, and subsequently rescinded the instant sales contract with F on October 4, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1 by the parties concerned is the instant sales contract between the Defendants and F.

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