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(영문) 서울서부지방법원 2016.06.15 2015가단35983
용역비
Text

1. The Defendants are jointly and severally liable for 29,520,000 won and the amount shall be 5% per annum from September 3, 2014 to September 4, 2015.

Reasons

In full view of the parties' arguments and judgment evidence Nos. 1 to 4, and witness A's testimony, the following facts may be acknowledged.

On September 2, 2014, with respect to the Plaintiff’s brokerage of D land and building (hereinafter “instant real estate”) in Jung-gu, Seoul (hereinafter “instant sales contract”), the seller: C; B; E; and “Buyer” (hereinafter “the instant sales contract”). “The sales price of KRW KRW 300,000,000 (the KRW KRW 300,000,000,000,000,000,000 won, paid until October 31, 2014 when the contract was concluded) was concluded (hereinafter “instant sales contract”).

Article 8 of the sales contract of this case provides, “Unless otherwise agreed, the brokerage remuneration of a practicing licensed real estate agent shall be paid at the same time by both a seller and a buyer, and the principal contract shall be null and void, cancelled, or cancelled due to the seller or buyer’s intention or negligence.”

The special terms and conditions attached to the sales contract of this case stipulate, “At present, the lessee household shall make a clear order of the seller (Provided, That the agreement shall be made on the date when the name of the lessee will be delayed after the remainder of the contract).”

Paragraph (13) of the “a description for confirmation of the object of brokerage” attached to the instant sales contract provides that the brokerage fee of the instant sales contract is KRW 29,520,00, and the Defendants signed and sealed the said “a description for confirmation of the object of brokerage”.

In light of the above facts, the Defendants, joint sellers of the instant real estate, jointly and severally, seek from the Plaintiff the amount of KRW 29,520,000, which is an agreement brokerage commission, from September 3, 2014 to September 4, 2015, the delivery date of a copy of the instant complaint, as the Plaintiff sought, from September 3, 2014 to September 4, 2015.

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