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(영문) 수원지방법원 2016.10.27 2015나37730
중개수수료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is running real estate brokerage business under the trade name, “D Licensed Real Estate Agent” in the Sung-gu, Sungnam-si, Sungnam-si.

B. The Plaintiff received a request from the Defendant to mediate and arrange for housing lease, and introduced F 104 of the Division-gu, Sungnam-si (hereinafter “instant real estate”) owned by the Defendant.

C. As a result of the Plaintiff’s arrangement, the lease deposit amount of KRW 20,00,00 for the instant real estate was agreed upon between E and the Defendant, and the lease deposit amount of KRW 20,000 from November 8, 2014 to November 8, 2016 (hereinafter “instant lease agreement”). The Defendant paid KRW 2,00,000 for the contract deposit and KRW 18,000 for the remainder on November 8, 2014, respectively.

E and the Defendant agreed to prepare the instant lease agreement on October 31, 2014. However, since the Plaintiff was unable to leave the Plaintiff’s real estate brokerage office on the said date, the Plaintiff decided to sign the lease agreement on November 8, 2014, which is the remainder payment date, and on October 31, 2014, the Defendant signed and sealed the said real estate brokerage office’s lease agreement (A No. 2; hereinafter “the lease agreement”) on October 31, 2014, and paid E deposit amount of KRW 2,00,000. Meanwhile, Article 4 of the Special Terms and Conditions of the said lease agreement provides that “this agreement is a contract with the lessor on the electronic currency of an excursion ship with the lessor, and is confirmed and sealed at the time of the remainder.

E. On November 8, 2014, “E” written a lease contract (No. 1, 2014; hereinafter “lease contract”) at the seat of the Plaintiff, on which the said real estate brokerage office signed the said lease contract. On November 8, 2014, E and the Plaintiff drafted a lease contract (No. 1, 2014; hereinafter “No. 8, 2014”). The said lease contract is identical with that of the lease contract on October 31, 2014; however, the parts erroneously written in “No. Dok” are modified to “numberkk” and the Plaintiff’s seal is affixed thereto, and E enters its name.

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