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(영문) 서울중앙지방법원 2019.08.28 2018나74213
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On March 6, 2018, the Defendant entered into a lease agreement with Nonparty C and D (hereinafter “Lessee”) on the Seoul Gangnam-gu Seoul Metropolitan Government EF (hereinafter “instant building”), setting the deposit amount of KRW 4 million, monthly rent of KRW 2.5 million, lease period of KRW 2.5 million, from April 1, 2018 to March 31, 2020, and the remainder payment date of April 1, 2018 (hereinafter “instant lease agreement”), and the Plaintiff arranged the said lease agreement, and the description of confirmation of the object of brokerage prepared around that time was written as KRW 1,485,00 (value-added tax separate).

B. On April 7, 2018, the Plaintiff sent a text message to the Defendant, stating that “G real estate is an intermediary fee account AH 900,000 won” is “90,000 won”.

C. A dispute arises between the Defendant and the lessor. A lessor filed a claim for extradition against the Defendant by this Court Decision 2018Da5135389, Nov. 1, 2018, the Defendant transferred the instant building to the lessor by November 5, 2018, and the lessor paid KRW 31,50,000 to the Defendant.

[Ground for Recognition: Facts without a partial dispute, entry in Gap evidence 1, 2, 3, 5, and 6]

2. Determination

A. The plaintiff asserts that the defendant is obligated to pay 1,633,500 won (1,485,000 value-added tax of 10%) as fees under the above mediation agreement and delay damages to the plaintiff.

According to the above facts, the plaintiff is obligated to pay the brokerage commission to the plaintiff according to the mediation agreement between the defendant and the defendant, and it is reasonable to view that the plaintiff voluntarily expressed his intention to receive only the amount less than 1,485,000 won of the remuneration stipulated in the original mediation agreement.

Therefore, barring special circumstances, the defendant is obligated to pay the plaintiff KRW 900,000 and damages for delay. Thus, the plaintiff's claim is above.

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