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(영문) 서울중앙지방법원 2018.06.08 2017나81061
중개수수료청구의소
Text

1. Of the judgment of the court of first instance, KRW 700,000 against the Plaintiff and its related thereto, from July 22, 2017 to June 8, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent in Gwanak-gu in Seoul Special Metropolitan City who runs the real estate brokerage business under the trade name of "D Licensed Real Estate Agent Office".

B. On June 20, 2017, the Defendant entered into a lease agreement with F on the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,100,000 (hereinafter “instant lease agreement”) with the first floor store of the building in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant commercial building”) owned by the Defendant as the Plaintiff’s intermediary, and the part related to the instant case in the agreement (a evidence No. 1; hereinafter “instant lease agreement”) written at that time is as follows.

§ 8. [Mediation Remuneration] No practicing licensed real estate agent shall be liable for the nonperformance of this contract by a lessor or lessee.

In addition, the brokerage remuneration shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage remuneration shall be paid even if this contract is invalidated, cancelled, or cancelled without the intention or negligence of the practicing licensed real estate agent.

In cases of joint brokerage, the lessor and the lessee shall pay brokerage remuneration to the practicing licensed real estate agent who has requested such brokerage, respectively.

Article 9 [Confirmation, Issuance, etc. of a Explanatory Note] A practicing licensed real estate agent shall prepare a confirmation and explanatory note of the object of brokerage and deliver it to both parties to a transaction on June 20, 2017, along with a copy of a certificate of credit or a copy of a guaranty insurance policy

C. The confirmation and explanatory note of the object of brokerage attached to the instant lease agreement states that the defendant's brokerage remuneration to be paid to the plaintiff is KRW 1,080,000, and in relation to the details of the brokerage remuneration calculation, it states that "[10,000 (1,100,000 x 100 x 100] 0.9%, brokerage remuneration is in accordance with the rate prescribed by the ordinance of the City/Do, or value-added tax may be imposed separately on the rate that the client and the practicing licensed real estate agent agree with each other within the rate limit prescribed by the ordinance of the City/Do."

The defendant.

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