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(영문) 수원지방법원평택지원 2020.08.18 2019가단58498

기타(금전)

Text

The defendant shall pay to the plaintiff KRW 28,680,00 per annum from June 22, 2019 to August 18, 2020, and from the following day.

Reasons

1. Basic facts

A. Around January 2018, the Plaintiff entered into a real estate consulting agreement with the Defendant on the purchase and sale and resale proceeds agreement between the Defendant and C Co., Ltd. (hereinafter “C”) with a view to mediating the conclusion of the agreement on the purchase and sale and resale proceeds of Pyeongtaek-si D 553.4 square meters and E large 57.8 square meters (hereinafter “each of the instant lands”). The Plaintiff entered into a real estate consulting agreement with a view to receiving the remainder, excluding 3.3 percent of taxes, out of 10 percent of the resale proceeds acquired by the Defendant (hereinafter “instant agreement”).

B. On January 3, 2018, the Defendant drafted a real estate sales contract with C for each of the instant land (i.e., KRW 1.., KRW 1.35 million for each of the instant land (i.e., KRW 1.., KRW 1.880 million for D land) and agreed to receive KRW 1.87 billion for resale proceeds on May 10, 2018 and KRW 162,162,090 for resale proceeds on August 17, 2018, and finally receive KRW 1.0 billion for resale proceeds, including overdue interests of the Plaintiff’s FF Corporation.

C. From May 10, 2018 to September 21, 2018, the Defendant received a total of KRW 730 million from C, and filed a lawsuit seeking the payment of the unpaid marginal profit amount of KRW 132,162,090 against C on July 2, 2019 (i.e., KRW 1 billion - KRW 737,837,910) (i.e., the payment of overdue interest - KRW 137,837,910).

On April 7, 2020, in the above lawsuit between the defendant and C, "C shall pay 130 million won to the defendant by June 30, 2020, but in the case of delay, it was decided to recommend settlement with the content of "the payment shall be made at the rate of 12% per annum from the following day of the due date to the date of full payment." On April 23, 2020, the above decision to recommend settlement became final and conclusive as it is.

E. The Defendant’s decision on May 13, 2020, based on the recommendation for settlement as above, KRW 130 million from C.