손해배상(기)
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 16,450,815 as well as the full payment from October 19, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 21, 2012, the Plaintiff concluded a transfer agent agreement and a brokerage agreement (hereinafter “instant agreement”) containing the following terms and conditions with the Defendant.
A (Defendant) and B (Plaintiff) enter into the instant arrangement on the basis of mutual trust in carrying out business, technology, contracts, etc. in the name of Company A with respect to projects ordered at home and abroad, such as machinery, chemical, electronic, and construction.
Article 1 (Scope of Business Affairs) B may conduct technical consultation, estimate, contracts, etc. in order to give orders for projects, and shall be conducted in advance after being accompanied by Party A or prior consultation with regard to the towing parts, such as contracts.
Article 4 (Payment of Transfer Fee) A shall pay 3% of the total amount of the down payment (hereinafter referred to as "fee") as the transfer income (hereinafter referred to as "fee") in the event that the project contract of Section B is successful, and the payment method shall be made in accordance with the settlement method of each project.
B. In accordance with the instant agreement, the Plaintiff concluded three contracts under the name of the Defendant [including ① 55,00,000,000 won for the manufacture and supply of steel structure with KCCFCCCC Co., Ltd.; ② 275,000,000 won for Bolim Construction Co., Ltd. and Maritime Gun B Facilities Corporation; ③ 540,000,000 won for the steel framed Construction Co., Ltd. and LPC Co., Ltd.; hereinafter referred to as each contract]; and
(3) However, with respect to the above contracts, 2% of the price shall be paid).
On the other hand, the Defendant paid KRW 19,229,185 to the Plaintiff a fee based on the instant agreement.
[Ground of recognition] Facts without dispute, Gap 1 through 4, 7 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is the cause of the Plaintiff’s claim. KRW 35,700,00 based on the instant agreement (i) KRW 55,000,000 x 3% x (ii) contract KRW 8,250,000 x 3% x contract KRW 10,800,000 x contract KRW 540,000 x 2%) contract amounting to KRW 19,229,185.