beta
Text
1. The Defendant’s KRW 9,520,00 for the Plaintiff and 5% per annum from January 4, 2019 to October 23, 2019.
Reasons
1. Basic facts
A. The Plaintiff (mutual name: C) is a licensed real estate agent.
B. On October 2, 2018, the Defendant, as the Plaintiff’s broker, sold D (trade name: E) land for 3304.9 square meters in Seongdong-gu, Sungwon-si and two buildings on its ground (hereinafter collectively collectively referred to as “instant real estate”), KRW 4,400,000 (hereinafter referred to as “instant real estate”), and completed the registration of ownership transfer on December 20, 2018.
C. On January 3, 2019, the Plaintiff received KRW 27,500,00 (including value-added tax of KRW 2,500,000) from D as brokerage fees for the sale of the instant real estate, respectively, and KRW 5,00,000 from the Defendant.
[Reasons for Recognition] 1 to 3 and 13 evidence (including paper numbers) and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion that the Defendant agreed to pay to the Plaintiff KRW 43,560,00 (including value-added tax of KRW 3,960,000,000,000, which is 0.9% of the purchase price of the instant real estate, as brokerage remuneration, the Defendant is obligated to pay the Plaintiff the remainder of KRW 38,560,000,000, which is calculated by deducting KRW 5,000,000 already paid from the above amount.
Even if not, the Defendant agreed to pay to the Plaintiff the amount between 0.5% of the sales price of the instant real estate and 0.9% as intermediary remuneration, and thus, the Defendant is obligated to pay the Plaintiff the remainder of 28,880,000 won after deducting the amount of KRW 5,00,000 already paid from the intermediate amount of KRW 33,880,000 (including value-added tax) which is applied 0.7%.
B. (1) According to each description of evidence No. 4 of the existence of a contract for brokerage commission agreement, “matters concerning brokerage commission, etc.” in the column of “matters concerning brokerage commission, etc.” in the real estate description (Evidence No. 4) written between the Plaintiff, the Defendant, and D as at the time of the instant real estate sales contract, shall be determined in consultation between the client and the practicing licensed real estate agent within the scope of 0.9% of the transaction amount, and value-added tax shall be separately imposed.