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(영문) 서울북부지방법원 2018.04.19 2017나3701
중개수수료
Text

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

Reasons

1. In the first instance court, the Plaintiff sought a payment of brokerage fees and brokerage fees for the conclusion of a sale and purchase contract to the Defendant. The first instance court accepted a claim for brokerage fees for the conclusion of a sale and purchase contract and dismissed a claim for brokerage fees for the conclusion of a lease contract.

Therefore, since only the defendants appealed against this, the subject of the judgment of this court is limited to the claim for brokerage fee concerning the conclusion of the sale contract.

2. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the

3. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff the agreed brokerage fee of KRW 1,764,00 as agreed on the brokerage act of the sales contract of this case and damages for delay.

4. Judgment on the defendants' assertion

A. The assertion that there was no agreement on the amount of brokerage fees, and the Plaintiff’s intentional act or negligence caused a situation corresponding to the cancellation of the transaction.

In regard to the assertion that the plaintiff did not complete the act of brokerage and that the defendant has no obligation to pay the brokerage fees, this court's reasoning is identical to the pertinent part of the reasoning of the judgment of the first instance (from the fourth to the fifth upper part), and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The Defendants are obliged to pay brokerage fees to the Defendants.

Even if so, it is argued that the scope should be limited.

The legal relationship between a licensed real estate agent and a client shall be deemed a delegation relationship under the Civil Act (see Supreme Court Decision 91Da36239, Feb. 11, 1992); and an agreement is made between the client and the client regarding the remuneration arising from the handling of brokerage business of a licensed real estate agent.

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