(영문) 서울동부지방법원 2020.01.31 2019나24317

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(영문) 서울동부지방법원 2020.01.31 2019나24317

중개수수료

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Basic facts

A. The Plaintiff is a general taxable business entity, which runs real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office”.

B. On February 8, 2018, the Defendant concluded a contract to purchase D and Seongdong-gu Seoul Metropolitan Government E apartmentF for KRW 900,000 (hereinafter “instant sales contract”) with the Plaintiff’s brokerage.

C. The confirmation and explanatory note of the object of brokerage attached to the instant sales contract is written as follows: “8,910,000 won (including value added tax 810,000 won)”; and the brokerage remuneration calculation statement is written as “900,000,000 won x 0.9.9%”.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion shall pay 8,910,000 won to the plaintiff according to the sales contract of this case.

3. Determination

A. According to the above facts, barring any special circumstance, the defendant is obligated to pay a brokerage commission for the sales contract of this case to the plaintiff, and the sales contract of this case contains a brokerage commission of KRW 8,910,00,00. However, according to the voice of the evidence No. 24, it can be acknowledged that the plaintiff automatically printed out the brokerage commission for the sales contract of this case to the defendant, and that the plaintiff and the defendant subsequently agreed on the brokerage commission for the sales contract of this case.

B. The defendant asserts that the amount of remuneration agreed with the plaintiff is KRW 4,950,000,000, and that since the plaintiff has avoided the responsibility as a real estate broker, the amount of brokerage fee should be reduced.

According to the statement in Eul evidence No. 5, the plaintiff accepted the requirements of the defendant to the defendant on May 5, 2018, and the plaintiff deposited KRW 4,950,000 to the defendant on May 8, 2018 may be recognized as having sent a letter to withdraw the lawsuit of this case. However, the defendant thereafter up to May 8, 2018.

유사 판례

-서울동부지방법원 2020.01.31 2019나24317

-서울동부지방법원 2020.1.31. 선고 2019나24317 판결

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