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(영문) 수원지방법원평택지원 2020.04.09 2019가단54816
부당이득금
Text

1. Defendant B’s KRW 63,200,000 and, with respect thereto, KRW 5% per annum from March 7, 2018 to July 25, 2019, and the following:

Reasons

1. Claim against the defendant B

A. On December 12, 2017, the Plaintiff entered into a sales contract of KRW 848,00,000 for the purchase price of KRW 3,505 square meters with the Plaintiff as a broker of Defendant B, who operates the D Licensed Real Estate Agent Office, for the purchase price of KRW 3,505 square meters, and the Plaintiff paid KRW 63,200,000 per annum of the total amount of KRW 13,20,000 on December 12, 2017 to Defendant B as brokerage commission, and the fact that Defendant B did not have the qualification of licensed real estate agent at the time of the said brokerage is without dispute between the parties, or that the fact that the Plaintiff did not have the obligation to register the establishment of the said brokerage office at KRW 20,70,000 for the total amount of KRW 63,20,000 on March 13, 2018 is recognized by taking account of the purport of the argument as to the office office office's remaining 200,7, namely.207, without the agreement.

(1) The amendment of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies to the rate of delay damages of 12% per annum from June 1, 2019, and thus, the claim for delay damages in excess of the rate is dismissed).

Defendant B’s assertion argues that, as the Plaintiff paid the brokerage commission even with the knowledge that the Plaintiff was not qualified as a licensed real estate agent of Defendant B, it cannot be claimed as a non-payment.

On the other hand, it is difficult to find out that there is no obligation of the person performing the obligation under Article 742 of the Civil Code.

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