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(영문) 서울중앙지방법원 2019.08.21 2019나2222
용역비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article

2. Additional determination

A. The defendant's assertion that, considering that the defendant did not request brokerage to the plaintiff, and that the plaintiff acted as a broker only for the interests of the lessor, the mediation commission of KRW 80,000,000 should be reduced.

B. The legal relationship between a real estate broker and a client is the same as a delegation relationship under the Civil Act (see, e.g., Supreme Court Decision 92Da55350, May 11, 1993). In the event of an agreement on the amount of remuneration in a delegation contract, a mandatory may, in principle, claim the amount of remuneration in full. However, in light of the circumstances surrounding the delegation, the process and difficulty of the delegation, the degree of effort invested, the specific benefits the mandator gained in the course of performing his/her duties, and all other circumstances revealed in the pleadings, the mandatory may claim only the amount of remuneration within the reasonable scope exceptionally recognized, in a case where there are special circumstances to deem that the agreed amount unfairly excessive and thus contravenes the principle of good faith

(2) Article 32(4) of the Licensed Real Estate Agent Act and Article 20(4) of the Enforcement Rule of the Licensed Real Estate Agent Act provide that a broker and a practicing licensed real estate agent shall make a decision on brokerage fees for non-housing brokerage in consultation between both clients, and the client and practicing licensed real estate agent shall make a decision within 9/1,00 of the transaction amount (0.9%) in light of the above legal principles. Since the amount of brokerage fees is KRW 121,50,000, the brokerage fees in this case are only approximately KRW 65% of the above amount, and only the evidence submitted by the Defendant alone, it is difficult to recognize that the Plaintiff acted as a broker representing only the interests of the lessor.

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