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(영문) 대구지방법원 2020.08.12 2019나318261
중개보수 청구의 소
Text

1. The part against the defendant in the judgment of the court of first instance, which exceeds the following amount ordered to be paid.

Reasons

1. Basic facts - Three-story buildings located in Daegu-gun C (Class II neighborhood living facilities; hereinafter “instant building”) were the initial co-defendants D, E, D, and E, but the Plaintiff voluntarily withdrawn the lawsuit at the first instance court against them.

co-ownership.

- Codefendant F of the first instance trial (hereinafter “F”) requested the Plaintiff, a licensed real estate agent, to lease the instant building on behalf of E on December 2017.

On the other hand, around December 2018, the defendant visited the office of licensed real estate agents operated by the plaintiff and requested the lease of the building that can operate the camping classroom.

D around January 3, 2019, leased to G the two and three floors of the instant building to KRW 20 million, monthly rent of KRW 2.5 million.

[Ground of recognition] Facts without dispute, Gap 4, 5 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff is a licensed real estate agent, F, the actual owner of the instant building, requested lease, and the Defendant respectively requested lease.

Accordingly, the plaintiff's brokerage around December 2018, F and the defendant concluded a lease contract with a part of the second and third floors of the building of this case at KRW 20 million and monthly rent of KRW 2.3 million.

However, for the purpose of not paying brokerage fees thereafter, the defendant and D entered into a lease contract with the exclusion of the plaintiff.

(B) Under the lease contract, the name of the tenant seems to be "G" or this seems to be the same as the defendant. In such a case, the defendant should pay to the plaintiff the brokerage fee of KRW 2,475,00 (2,300,000 per month of security deposit x 100,000) x brokerage fee of KRW 0.9% value added to 0.9% (225,000 won).

In fact, the Plaintiff was paid KRW 2 million from the lessor as brokerage remuneration.

B. The Defendant’s assertion stated the instant building as the Plaintiff’s introduction, but only renounced the lease due to the lack of the amount.

C. The person who requested the Plaintiff to mediate the lease contract is F and the Defendant.

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