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(영문) 수원지방법원 성남지원 2018.08.28 2017가단220545

약정금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 3,750,300 to the Defendant (Counterclaim Plaintiff) and against this, from December 22, 2017 to August 28, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who runs the real estate brokerage business with the trade name “D” in Gwangju-si, and the Defendant was the owner of 650 square meters in the E warehouse site in Gwangju-si (hereinafter “instant land”) and 999 square meters in the F warehouse site before subdivision (hereinafter “instant land 2”).

B. On April 21, 2017, the Defendant, as a broker of the Plaintiff, sold the instant land and KRW 500,000 square meters among the instant land in KRW 1.74,00,000, and concluded an agreement on the special terms and conditions indicated in the separate sheet (hereinafter “instant primary sales contract”).

After that, on May 17, 2017, the Defendant, under the Plaintiff’s brokerage, adjusted the size of the portion divided out of the instant land No. 2, and separated the sales contract by each land and concluded a contract for each of the instant land transaction with G Co., Ltd., with KRW 870 million, and KRW 485 square meters for HH warehouse site in Gwangju-si, which was divided into the instant land No. 2 (hereinafter “instant third land”), for KRW 850 million (hereinafter “instant secondary sales contract”).

C. On May 19, 2017, G Co., Ltd. completed each registration of ownership transfer on the instant lands Nos. 1 and 3 due to the instant secondary sales contract, and the Defendant paid KRW 15,480,000 to the Plaintiff as a brokerage fee for the said sale.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 1, 3, 4, and 6 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) Although the Plaintiff received KRW 33,00,000 from the Defendant as the brokerage commission and consulting service commission for the sale and purchase of the instant land 1 and 3, the Plaintiff still sought payment of KRW 13,643,200,00. The Defendant Plaintiff received down payment KRW 200,000 according to the instant secondary sales contract (hereinafter “instant down payment”).