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(영문) 부산지방법원 2018.04.05 2016가단352992
기타(금전)
Text

1. The Defendants jointly share KRW 31,185,00 with respect to the Plaintiff and 6% per annum from May 14, 2016 to October 11, 2017.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) evidence No. 1-2 and evidence No. 2-2 (a sales contract and evidence No. 4-2) (a sales contract and evidence No. 4-2); (b) the Plaintiff and the Plaintiff’s employees asserted that they did not regard the contents of the above sales contract and forced the Defendants to re-convene and compel their signatures, but there is no evidence to acknowledge it); (c) each statement of evidence No. 3; and (d) each statement of evidence No. 1-4 and the purport of the entire pleadings.

1) The Plaintiff is a licensed real estate agent operating the “E Licensed Real Estate Agent Office” on the level D and 2 of Busanjin-gu, Busan, and the Defendants are f 478.3 square meters (hereinafter “the instant land”) in Busan Seo-gu, Busan as the penalty land.

) The fourth floor Gelel building on the ground and on the ground (hereinafter referred to as “instant building”).

(2) The Defendants requested the Plaintiff to mediate the sale of the instant land and the instant building. On May 13, 2016, the Plaintiff entered into a sales contract with H and the instant land and the instant building upon the Plaintiff’s intermediation (i.e., KRW 3., KRW 3150 million on the day of the contract (i.e., intermediate payment KRW 200 million on June 28, 2016) to sell the remainder of KRW 2.65 billion on August 16, 2016 (hereinafter referred to as “instant sales contract”).

3) On May 16, 2016, H paid KRW 100 million out of the down payment to the Defendants on the date of the conclusion of the instant sales contract, and on May 16, 2016, the Plaintiff and the Defendants agreed to receive KRW 31,185,00 (==2,8350,000 (= KRW 3.1550,000 x 0.9%) value-added tax 2,835,00) from the Defendants at the time of concluding the instant sales contract.

B. According to the above facts of determination, the Defendants are obligated to pay the Plaintiff the brokerage fee of KRW 31,185,000, which was agreed upon at the time of entering into the instant sales contract as the broker. The Defendants’ obligation to pay the brokerage fee is the process of entering into the instant sales contract.

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