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(영문) 서울중앙지방법원 2018.12.14 2018가단5080588
용역비
Text

1. The defendant shall pay 88 million won to the plaintiff and 15% per annum from May 4, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. D, the owner of the building of 2nd underground and 9th above ground located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) requested the Plaintiff, a licensed real estate agent, to lease the instant building. The Plaintiff affixed a public relations banner on the instant building.

The Defendant reported the above banner and contacted the Plaintiff, and requested the lease of the entire building of this case.

B. As a result of coordinating D and the Defendant’s respective requirements, such as the preparation of a protocol of protocol prior to filing a lawsuit, consent to sublease, change of the purpose of sub-lease, lease deposit and rent amount, timing of withdrawal of the existing lessee, etc., the Plaintiff concluded a lease agreement with respect to the whole building of this case as KRW 1.5 billion (2 billion after 48 months) and KRW 120 million per month of rent, on March 21, 2018. The Defendant may change the use and purpose of the building of this case with the Plaintiff’s consent, and the Defendant may sublet the space of the building of this case with the area of less than 70% of the building of this case, and preparation of a protocol of protocol prior to filing a lawsuit.

C. On March 21, 2018, the Plaintiff and the Defendant stated in the column for “ broker” as “the description of confirmation of the object of brokerage (including value-added tax),” “88 million won in the column for “the amount of brokerage commission and actual expenses,” “the consultation on the brokerage remuneration of the lessee, and the lessor’s side” as “the description of confirmation of the object of brokerage (see the exclusive brokerage contract).”

(D) Each signature and seal was signed and sealed. On the other hand, the Plaintiff and the Defendant agreed on February 27, 2018 that brokerage fees for the lease of the instant building shall be KRW 80 million (excluding value-added tax). [The facts that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 through 19, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. According to Articles 22, 25, 26, and 32 of the Licensed Real Estate Agents Act, and Article 27-2 of the Enforcement Decree of the Licensed Real Estate Agents Act, the licensed real estate agent is the client.

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