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(영문) 의정부지방법원고양지원 2016.05.13 2015가단84565
용역비
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 14,400,000 won and each year from July 22, 2015 to May 13, 2016.

Reasons

1. Basic facts

A. The Defendants shared 1/2 shares of each of the 1,474m2 and its ground buildings in Gyeyang-gu, Gyeyang-gu, Yangyang-si and each of the 1/2 shares. However, on November 19, 2014, the Defendants concluded a sales contract to sell the said land and buildings with the total purchase price of KRW 4 billion to E.

(hereinafter “instant trade”). (b)

The plaintiff is a licensed real estate agent operating the F Licensed Real Estate Agent Office located in Goyang-si, and is signed and sealed as a broker under the sales contract of this case.

C. Meanwhile, Article 7 of the above sales contract provides that "a brokerage fee shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage fee shall be paid even if the contract is invalidated, cancelled or terminated without any intention or negligence by the practicing licensed real estate agent." The phrase "matters concerning brokerage remuneration, etc." is written as follows: "36,000,000, brokerage remuneration for calculation: 4,000,000, 000 x 0.90%."

【Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, 3, 4, and 5, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s instant sales contract was concluded as a broker by the Plaintiff, and the Defendants are jointly and severally liable to pay to the Plaintiff a commission of brokerage commission of KRW 36 million and damages for delay.

B. Unlike the terms and conditions of the instant sales contract, the Defendants are not obliged to pay brokerage commission, in fact, since (including the representative G; hereinafter the same) E (including the representative G) agrees to pay the entire brokerage commission.

Even if not, in light of all the circumstances, the brokerage commission sought by the Plaintiff should be reduced to a considerable extent, as it violates the principle of trust and good faith or the principle of equity unfairly excessive.

3. Determination

A. According to the facts acknowledged prior to the determination as to the cause of the claim, the Plaintiff mediated the instant sales contract, and the Defendants shall pay 36 million won to the Plaintiff.

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